LIBRARY 

OF  THE 

UNIVERSITY  OF  CALIFORNIA. 

Gl  FT    OF 


L 


Class  ' 


PUBLIC  SCHOOL  LAW 


OF 


NORTH  CAROLINA. 


CHAPTER  15  OF  THE  CODE,  AS  AMENDED  BY  LAWS  OF  1885, 
1889,  1891  AND  1893,  AND  OTHER  STATUTES. 


ISSUED    IN    PURSUANCE   OF    LAW 
BY  THE 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION, 


UNIVERS 


RALEIGH: 

JOSEPHUS  DANIELS,  State  Printer  and  Binder, 

Presses  of  Edwards  &  Broughton. 

1893. 


HE 

UNIVERSITY 

k  OF 

PREFACE. 


Section  2540  of  The  Code  requires  the  Superintendent  of 
Public  Instruction  to  "have  the  school  laws  published  in 
pamphlet  form  and  distributed  on  or  before  the  first  day  of 
April  of  each  year."  As  the  Assembly  meets  only  biennially, 
this  edition  will  embody  the  law  for  two  years,  and  until 
changed  by  future  sessions  of  the  Assembly. 

Chapter  15  of  The  Code  contained  the  public  school  law 
in  full.  Since  its  enactment,  the  only  changes  are  those 
made  by  the  Assemblies  of  1885, 1889,  1891  and  1893.  So 
far  as  these  changes  are  amendments  to  the  sections  of  The 
Code,  they  are  embodied  in  sections  of  the  same  numbers  in 
this  edition  of  the  school  law.  Other  changes  will  be  found 
in  this  pamphlet  under  the  appropriate  headings.  Attention 
is  called  to  the  list  of  books  adopted  by  the  State  Board  of 
Education,  and  to  the  statute  requiring  these  books  to  be 
used  in  all  the  public  schools. 

For  convenience  of  reference,  the  explanations  and  instruc- 
tions of  the  Superintendent  of  Public  Instruction  are  placed 
in  the  form  of  foot-notes  on  the  same  pages  containing  the 
corresponding  sections  of  the  law. 

Copies  of  this  pamphlet  will  be  furnished  to  all  the  school 
officers.  Upon  going  out  of  office,  they  will  deliver  them 
and  all  books  and  blanks  to  their  successors. 

JOHN  C.  SCARBOROUGH, 
Superintendent  of  Public  Instruction. 

RALEIGH,  N.  C.,  August  1,  1893. 


PUBLIC  SCHOOL  LAW 

OF 

NORTH  CAROLINA 


FROM  THE  CODE,  AS  AMENDED  BY  LAWS  OF  1885,  1889,  1891 

AND  1893,  WITH  NOTES  AND  INSTRUCTIONS  BY  THE 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 


Sec.  2535.  Apportionment  of  shool  fund. 

The  state  board  of  education  shall,  on  the  first  Monday  in 
August  of  each  and  every  year,  apportion  among  the  several 
counties  of  the  state  all  the  school  funds  which  may  be  then 
in  the  treasury  of  the  said  board,  and  order  a  warrant  for 
the  full  apportionment  to  each  county,  which  said  apportion- 
ment shall  be  made  on  the  basis  of  the  school  population. 

Sec.  2536.  Auditor  to  keep  separate  account  of  public  school  fund. 

The  state  auditor  shall  keep  a  separate  and  distinct  account 
of  the  public  school  funds,  and  of  the  interest  and  income 
thereof,  and  also  of  such  moneys  as  may  be  raised  by  state, 
county  and  capitation  tax,  or  otherwise,  for  school  purposes. 

Sec.  2537.  When  and  how  warrant  issued  for  school  fund  due  any 
county. 

Upon  the  receipt  of  the  requisition  of  the  treasurer  of  any 
county,  duly  approved  by  the  chairman  and  secretary  of  the 
county  board  of  education,  for  the  school  fund  which  may 
have  been  apportioned  to  said  county,  the  state  board  of 
education  shall  issue  its  warrant  on  the  state  auditor  for  the 
sum  due  said  county;  whereupon  the  said  auditor  shall  draw 
his  warrant  on  the  treasurer  of  th,e  state  board  of  education 
in  favor  of  such  county  treasurer  for  the  amount  set  forth  in 
the  warrant  of  the  said  state  board. 


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Sec.  2538.  State  treasurer  to  hold  school  funds  as  a  special  deposit ; 
when  and  how  paid  out. 

The  state  treasurer  shall  receive  and  hold  as  a  special 
deposit  all  school  funds  paid  into  the  treasury,  and  pay  them 
out  only  on  the  warrant  of  the  state  auditor,  issued  on  the 
order  of  the  state  board  of  education  in  favor  of  a  county 
treasurer,  duly  indorsed  by  the  county  treasurer  in  whose 
favor  it  is  drawn,  and  it  shall  be  the  only  valid  voucher  in 
the  hands  of  the  state  treasurer  for  the  disbursement  of  school 
funds. 

Sec.  2589.    Board  to  recommend  text-books  to   be  used  in  public 
schools;  proviso. 

The  state  board  of  education  shall  recommend  a  series  of 
text-books  to  be  used  in  the  public  schools  for  a  term  of  three 
years,  and  until  otherwise  ordered :  Provided,  the  county 
board  of  education  shall  take  care  that  changes  from  books 
now  in  use  to  those  recommended  do  not  work  great  incon- 
venience or  expense  to  parents,  guardians  or  pupils :  Pro- 
vided further,  no  sectarian  or  political  books  shall  be  used  in 
the  public  schools :  Provided,  also,  the  prices  of  the  books 
recommended  be  fixed  by  the  state  board  of  education  for 
the  whole  term  for  which  they  shall  be  used. 

NOTE. — See  appendix  for  information  and  instructions  on  this  subject. 
Also  section  22,  chapter  199,  Acts  of  1889. 

Sec.  2540.  Duties  of  superintendent  of  public  instruction. 

The  superintendent  of  public  instruction  shall  have  the 
school  laws  published  in  pamphlet  form  and  distributed  on 
or  before  the  first  day  of  April  of  each  year;  shall  have 
printed  all  the  forms  necessary  and  proper  for  the  purposes  of 
this  chapter,  and  shall  look  after  the  school  interest  of  the 
state,  and  report  biennially  to  the  governor,  at  least  five  days 
previous  to  each  regular  session  of  the  general  assembly, 
which  report  shall  give  information  and  statistics  of  the 
public  schools,  and  recommend  such  improvement  in  the 
school  law  as  may  occur  to  him.  He  shall  keep  his  office  at 


the  seat  of  government,  and  shall  sign  all  requisitions  on  the 
auditor  for  the  payment  of  money  out  of  the  state  treasury 
for  school  purposes.  Copies  of  his  acts  and  decisions,  and  of 
all  papers  kept  in  his  office  and  authenticated  by  his  signa- 
ture and  official  seal,  shall  be  of  the  same  force  and  validity 
as  the  original.  He  shall  be  furnished  with  such  room,  fuel 
and  stationery  as  shall  be  necessary  for  the  efficient  discharge 
of  the  duties  of  his  office. 

Sec.  2541.  Duty  of  superintendent  to  direct  operations  of  system  of 
public  schools,  etc. 

The  superintendent  of  public  instruction  shall  direct  the 
operations  of  the  system  of  public  schools  and  enforce  the 
laws  and  regulations  in  relation  thereto.  It  shall  be  his  duty 
to  correspond  with  leading  educators  in  other  states,  and  to 
investigate  the  systems  of  public  schools  established  in  other 
states,  and,  as  far  as  practicable,  render  the  results  of  educa- 
tional efforts  and  experiences  available  for  the  information 
and  aid  of  the  legislature  and  state  board  of  education. 

Sec.  2542.  (As  amended  by  the  Laws  of  1885  and  1889.)  Duty  of  super- 
intendent to  learn  and  supply  educational  wants,  etc. ;  expenses- 
allowed. 

It  shall  be  the  duty  of  the  superintendent  of  public 
instruction  to  acquaint  himself  with  the  peculiar  educational 
wants  of  the  several  sections  of  the  state,  and  he  shall  take 
all  proper  means  to  supply  said  wants,  by  counseling  with 
county  boards  of  education  and  county  superintendents,  by 
lectures  before  teachers'  institutes,  and  by  addresses  to  public- 
assemblies  on  subjects  relating  to  public  schools  and  public 
school  work,  and  he  shall  be  allowed  for  traveling  expenses- 
and  for  additional  clerical  'assistance  five  hundred  dollars 
per  annum. 

Sec.  2543.  Funds  appropriated  for  establishing  and  maintaining  sys- 
tem of  free  schools  to  be  paid  into  state  treasury. 

The  proceeds  of  all  lands  that  have  been  or  may  hereafter 
be  granted  by  the  United  States  to  this  state,  and  not  other- 


8 


wise  appropriated  by  this  state  or  the  United  States,  also  all 
moneys,  stocks,  bonds  and  any  other  property  now  belonging 
to  any  state  fund,  for  the  purposes  of  education,  also  the  net 
proceeds  of  sales  of  swamp  lands  belonging  to  the  state,  and 
all  other  grants,  gifts  or  devises  that  have  been  made  or  here- 
after may  be  made  to  this  state,  and  not  otherwise  appropri- 
ated by  this  state  or  by  the  terms  of  the  grant,  gift  or  devise, 
shall  be  paid  into  the  state  treasury,  and,  together  with  so 
much  of  the  ordinary  revenue  of  the  state  as  may  be  set 
apart  for  that  purpose,  shall  be  faithfully  appropriated  for 
establishing  and  maintaining  a  system  of  free  public  schools, 
as  established  in  pursuance  of  the  constitution. 

Sec.  2544.  (As  amended  by  chapter  199,  Laws  of  1889.)    Funds  so 
appropriated  to  be  paid  into  conntj  school  fund. 

All  moneys,  stocks,  bonds  and  other  property  belonging 
to  a  county  school  fund,  also  the  net  proceeds  from  sales  of 
-estrays,  also  the  clear  proceeds  of  all  penalties  and  forfeitures, 
and  of  all  fines  collected  in  the  several  counties  for  any  breach 
of  the  penal  or  military  laws  of  the  state;  and  all  moneys 
which  shall  be  paid  by  persons  as  equivalent  for  exemption 
from  military  duties;  also  the  net  proceeds  of  any  tax  im- 
posed on  licenses  to  retailers  of  wines,  cordials  or  spirituous 
liquors  and  to  auctioneers,  shall  belong  to  and  remain  in  the 
several  counties  and  shall  be  faithfully  appropriated  for 
establishing  and  maintaining  free  public  schools  in  the  several 
counties  as  established  in  pursuance  of  the  constitution:  Pro- 
vided, the  amount  collected  in  each  county  shall  be  reported 
annually  to  the  state  superintendent  of  public  instruction. 
The  solictors  of  the  several  judicial  districts,  criminal  and 
inferior  courts,  shall  prosecute  all  penalties  and  forfeited 
recognizances  entered  in  their  courts  respectively,  and  as 
compensation  for  their  services,  shall  receive  a  sum  to  be 
fixed  by  the  court,  not  less  than  five  per  centum  of  the 
amount  collected  upon  such  penalty  or  forfeited  recognizance 
for  the  collection  of  which  execution  was  found  to  be  neces- 
sary. 


NOTE.— Special  attention  is  called  to  sections  724,  725,  726,  727,  728, 
764,  906  and  3678  of  The  Code.  Treasurers  and  county  boards  of  educa- 
tion will  use  all  proper  means  to  see  that  the  full  amount  of  fines, 
forfeitures  and  penalties  and  the  liquor  tax  due  shall  go  to  the  school 
fund.  Their  attention  is  also  directed  to  the  constitution,  article  9, 
section  5,  and  to  Revenue  Act  of  1893,  sections  42  and  43,  as  follows: 

"  SECTION  42.  Whenever  any  officer,  including  justices  of  the  peace, 
receives  or  collects  a  fine,  penalty  or  forfeiture  in  behalf  of  the  state, 
or  any  tax  imposed  on  licenses  to  retailers  of  wines,  cordials  malt  or 
spirituous  liquors  and  auctioneers,  he  shall  within  thirty  days  after 
such  reception  or  collection  pay  over  and  account  for  the  same  to  the 
treasurer  of  the  county  board  of  education  for  the  benefit  of  the  fund 
for  common  schools  in  such  county. 

"SECTION  43.  Any  officer,  including  justices  of  the  peace,  convicted 
of  violating  the  preceding  section,  or  of  appropriating  to  his  own  use 
the  state,  county,  school,  city  or  town  taxes,  shall  be  guilty  of  embez- 
zlement, and  may  be  punished  not  exceeding  five  years  in  the  state 
prison,  at  the  discretion  of  the  court." 

A  large  amount  of  school  money  is  derived  from  fines,  forfeitures  and 
penalties,  and  from  taxes  on  the  licenses  for  the  sale  of  liquors.  I  am 
satisfied  that  a  still  larger  amount  may  be  obtained  from  these  sources 
by  a  strict  enforcement  of  the  law.  See  section  33,  Revenue  Act  of  1893. 

All  forfeited  recognizances  belong  to  the  school  fund,  and  school 
officers  should  see  that  they  are  collected. 

Section  1225  of  The  Code  makes  it  the  duty  of  the  solicitor,  under  the 
direction  of  the  court,  to  prosecute  to  collection  any  forfeited  recogni- 
zance under  a  peace  warrant.  The  last  part  of  section  2544  is  an  amend- 
ment by  Acts  of  1889,  and  provides  specially  for  the  prosecution  of 
forfeitures.  , 

Sec.  2545.  (is  amended  by  the  Laws  of  1885  and  1889.)    County  board 
of  education ;  officers. 

The  justices  of  the  peace  and  the  county  commissioners  of 
each  county,  at  their  next  regular  joint  session  as  provided 
by  law,  and  biennially  thereafter  at  such  regular  joint  ses- 
sion, shall  elect  a  county  board  of. education,  to  consist  of  three 
residents  of  their  county,  who  shall  be  men  of  good  moral 
character,  and  who  shall  be  qualified  by  education  and 
experience  and  interest  to  specially  further  the  public  educa- 
tional interests  of  their  county.  They  shall  file  with  the 
county  commissioners  an  oath  to  faithfully  discharge  the 
duties  of  their  office.  Those  first  elected  shall  file  such  oath 


10 


on  the  first  Monday  of  the  month  next  succeeding  their  elec- 
tion, and  shall  hold  their  office  until  the  first  Monday  in 
December,  eighteen  hundred  and  eighty-seven,  and  until 
their  successors  are  elected  and  qualified.  From  and  after  the 
said  first  Monday  in  December,  one  thousand  eight  hundred 
and  eighty-seven,  the  regular  term  of  office  shall  be  two 
years.  They  shall  elect  one  of  their  number  chairman,  and 
the  county  superintendent  of  public  instruction  shall  be 
secretary,  and  the  county  treasurer  shall  be  treasurer  of  said 
board.  The  secretary  shall  record  all  the  proceedings  of  the 
board  in  books  to  be  supplied  by  the  state  superintendent  of 
public  instruction.  A  majority  of  the  board  shall  constitute 
a  quorum  for  the  transaction  of  business.  The  compensa- 
tion of  each  member  of  the  board  shall  be  not  exceeding  two 
dollars  per  day  and  the  mileage  allowed  to  county  commis- 
sioners. The  county  commissioners  shall  provide  a  suitable- 
office  for  said  board  at  the  county  seat.  Any  vacancies  in 
the  board  shall  be  filled  by  the  county  commissioners.  The 
said  board  shall  be  a  body  corporate,  with  power  to  sue  and 
be  sued,  and  to  take,  receive  and  convey  property,  real  and 
personal,  for  the  purpose  of  more  effectually  performing  the- 
duties  imposed  upon  them. 

NOTE.— It  will  be  seen  by  reference  to  section  717  of  The  Code,  that 
the  justices  of  the  peace  and  the  county  commissioners  are  required 
to  hold  a  joint  meeting  on  the  first  Monday  in  June  of  every  year.  In 
June,  1889,  at  this  joint  meeting,  and  every  two  years  thereafter,  the 
justices  and  the  commissioners  are  required  to  elect  a  county  board  of 
education.  Too  much  importance  cannot  well  be  attached  to  this  elec- 
tion. Upon  a  judicious  selection  of  competent  men  will  depend  the 
welfare  of  the  educational  interest  of  the  county.  The  law  gives  them 
large  discretion  in  the  management  of  the  funds  and  school  matters 
generally,  and  therefore  an  earnest  appeal  is  made  to  the  joint  boards  to 
select  men  of  wisdom,  and  men  who  are  specially  friendly  to  the  public 
school  interests.  The  policy  of  the  law  as  amended  by  the  Assembly  of 
1885,  and  now  in  force,  contemplates  vesting  in  the  respective  counties 
more  authority  in  the  management  of  school  affairs  than  has  heretofore 
obtained.  Counties  that  use  this  authority  wisely  will  rapidly  advance 
their  educational  interests,  and  an  efficient  county  board  of  education 
is  of  first  ^importance,  the  chairman  of  which  should  be  competent  to< 
act  as  county  superintendent  in  case  of  a  vacancy  in  that  office. 


11 


See  section  two  (2),  chapter  199,  Laws  1889,  which  requires  the  mem- 
bers of  the  boards  to  qualify  and  term  begin  on  the  first  day  of  July, 
after  their  election  in  June. 

Sec.  2546.  (As  amended  by  the  Laws  of  1885  and  1889.)    Dalies  of 
county  board  of  education. 

The  count\r  board  of  education  shall  be  charged  with  the 
general  management  of  the  public  schools  in  their  respective 
counties,  shall  decide  all  controversies  and  questions  relating 
to  the  boundaries  of  school  districts  and  to  the  location  of 
school-houses,  or  which  may  arise  upon  the  construction  of 
the  school  law,  and  shall  see  that  the  school  law  is  enforced; 
and  shall  have  power  and  authority  and  it  shall  be  their 
duty  to  institute  and  prosecute  any  and  all  actions,  suits  or 
proceedings  against  any  and  all  officers,  persons  or  corpora- 
tions, and  their  sureties,  for  the  recovery,  preservation  and 
application  of  all  moneys  or  property  which  may  be  due  to 
or  should  be  applied  to  the  support  and  maintenance  of  the 
schools,  and  the  county  board  shall  obey  the  instructions  of 
the  state  superintendent  and  accept  his  construction  of  the 
school  law. 

NOTE. — The  language  of  this  section  gives  to  county  boards  a  wide 
range  of  powers  and  duties.  It  is  earnestly  urged  that  they  be  so  exer- 
cised as  to  accomplish  the  greatest  good  to  the  school  system  possible, 
and  that  the  county  superintendents,  as  executive  officers  of  the  school 
system  of  their  respective  counties,  will  be  kept  as  fully  employed  as 
possible  in  visitation  and  minute  supervision  of  the  schools,  in  the 
organization  and  improvement  of  the  teachers,  and  in  all  other  work 
conducive  to  the  progress  of  the  schools  and  to  the  cultivation  of  a  spirit 
of  progressive  education  among  the  whole  people.  In  the  settlement  of 
the  "questions  and  controversies"  mentioned  in  this  section,  there  is 
room  for  the  exercise  of  the  highest  wisdom,  that  the  interest  of  the 
public  schools  may  not  suffer  by  reason  of  neighborhood  quarrels,  which 
always  result  in  harm  to  all  public  interests,  especially  to  those  of  the 
schools. 

Sec.  2547.  (As  amended  by  chapter  174,  section  4,  Laws  of  1885,  and 
*  chapter  460,  section  1,  Laws  of  1891,  and  chapter  483,  section 
1,  Laws  of  1893.)    Meetings  of  connty  board  of  education ;  books 
of  connty  treasurer  examined. 

The  county  board  of  education  of  each  county  shall  hold 
four  regular  meetings  every  year,  namely,  on  the  first  Mon- 


12 


•days  of  January,  June,  July  and  September,  at  each  of  which 
meetings,,  if  the  board  find  it  necessary,  in  order  to  enable 
them  to  dispose  of  the  business  before  them,  they  may  be  in 
session  for  two  days.  Meetings  may  be  held  at  other  times 
-at  the  call  of  the  chairman  upon  the  request  of  one  member 
of  the  board,  but  in  no  case  shall  the  board  receive  compen- 
sation out  of  the  public  funds  for  more  than  four  days  in  any 
one  year.  At  each  regular  meeting  it  shall  be  the  duty  of 
the  board  to  examine  the  books  and  vouchers  of  the  county 
treasurer  and  to  audit  his  accounts. 

•NOTE. — County  boards  of  education  are,  under  my  construction  of  the 
above  section,  entitled  to  receive  pay  for  all  days  served  in  regular  meet- 
ings under  the  law,  "necessary  for  disposing  of  the  business  before 
them."  For  "meetings  held  at  other  tithes,"  the  pay  is  limited  to  four 
days  in  any  one  year. 

"Sec.  2548.  (As  amended  by  the  Laws  of  1885,  and  chapter  199,  section 
3,  Laws  of  1889.)  County  superintendent  of  public  instruction; 
term  of  office;  election  biennial;  vacancies;  secretary  to  report 
name,  etc.3  to  the  state  superintendent;  suspension  and  removal 
of  county  superintendent;  powers  of  school  committee, 

The  county  board  of  education,  county  commissioners  and 
the  justices  of  the  peace,  in  joint  session  on  the  day  of  the 
annual  meeting  of  the  justices  in  the  year  eighteen  hundred 
and  eighty-six,  and  biennially  thereafter  on  the  day  of  such 
annual  meeting,  shall  elect  one  resident  of  their  county,  who 
shall  be  county  superintendent  of  public  instruction.  He 
shall  be  of  good  moral  character,  liberal  education,  and  he 
shall  otherwise  be  qualified  to  discharge  the  duties  of  the 
office  as  required  by  law,  due  regard  being  given  to  experi- 
ence in  teaching.  He  shall  hold  office  for  the  term  of  two 
years  from  and  after  the  first  Monday  in  July  next  after  his 
election,  and  until  his  successor  is  elected  and  qualified,  and 
shall  file  with  the  county  commissioners  an  oath  to  faithfully 
•discharge  the  duties  of  his  office.  The  county  board  of  edu- 
cation and  the  county  commissioners  in  joint  session  may, 
for  good  cause,  after  thirty  days'  notice,  remove  the  county 
superintendent  and  elect  his.  successor  for  the  unexpired 


13 


term ;  and,  when  a  vacancy  occurs  in  the  office  of  county 
superintendent,  by  death  or  otherwise,  the  said  joint  boards, 
after  due  notice,  shall  fill  the  vacancy  for  the  unexpired  term,, 
and  the  chairman  of  the  county  board  of  education  shallr 
during  such  vacancy,  or  during  the  disability  of  the  county 
superintendent,  discharge  the  duties  of  his  office.  Immedi- 
ately after  the  election  of  a  county  superintendent,  the  secre- 
tary of  the  joint  boards  holding  such  election  shall  report  to 
the  state  superintendent  of  public  instruction  the  name  and 
address  of  the  person  elected,  and  the  person  elected  shall 
report  to  the  state  superintendent  as  soon  as  he  shall  have 
qualified,  the  date  of  such  qualification :  Provided,  that  in  all 
meetings  of  the  joint  boards  herein  provided  for,  no  man 
shall  be  entitled  .to  more  than  one  vote  by  reason  of  his  being 
a  member  of  more  than  one  of  said  boards. 

NOTE. — The  success  of  the  public  schools  in  any  county  will  greatly 
depend  on  the  efficiency  and  activity  of  the  county  superintendent;; 
therefore  the  boards  having  in  charge  the  election  of  this  officer  should 
use  the  utmost  care  in  the  selection  of  a  man  for  the  position.  In  case 
of  a  vacancy  from  any  cause,  the  county  board  of  education  and  the 
county  commissioners  should  be  called  together  at  as  early  a  day  as  pos- 
sible for  the  purpose  of  filling  the  vacancy. 

The  next  regular  election  will  be  held  at  the  annual  meeting,  June, 
1894.  See  section  8,  chapter  199,  Acts  of  1889,  which  requires  the  super- 
intendent to  qualify  on  the  first  day  of  July. 

• 
Sec.  2549.  School  districts. 

The  county  board  of  education  shall  lay  off  their  respective 
counties  into  convenient  school  districts,  consulting  as  far  as 
practicable  the  convenience  of  the  neighborhood.  They  shall 
designate  the  districts  by  number,  as  school  district  number 
one,  school  district  number  two,  in  the  county  of 

Sec.  2550.  Convenience  of  residents  to  be  consulted  in  formation  of 
districts;  separate  schools  for  the  two  races. 

The  county  board  of  education  shall  consult  the  conveni- 
ence of  the  white  residents  in  settling  the  boundaries  of  dis- 
tricts for  the  white  schools,  and  of  colored  residents  in  settling 
boundaries  for  colored  schools.  The  schools  of  the  two  races- 


14 


shall  be  separate ;  the  districts  the  same  in  territorial  limit  or 
not,  according  to  the  convenience  of  the  parties  concerned. 
In  cases  where  there  are  two  sets  of  districts  in  a  county, 
they  shall  be  designated  as  school  district  number  one,  two, 
three,  etc.,  for  white  schools,  or  school  district  number  one, 
two,  three,  etc.,  for  colored  schools,  in  the  county  of 

Sec.  2551.  (As  amended  by  Laws  of  1889.)  County  board  of  education 
to  apportion  county  school  fond  among  districts;  sums  so  appor- 
tioned subject  to  order  or  school  committees. 

f 

The  county  board  of  education  of  every  county  shall,  on 
the  first  Monday  in  January  of  each  year,  apportion  among 
the  several  districts  of  the  county,  designating  the  amount  to 
each  school-house,  if  more  than  one  in  the  district,  all  school 
funds  in  the  following  manner:  first  deduct  an  amount  suffi- 
cient to  defray  the  general  school  expenses  of  the  county 
authorized  by  law;  then  apportion  two-thirds  of  the  funds  to 
the  several  districts  in  proportion  to  the  whole  number  of 
children  between  the  ages  of  six  and  twenty-one  years,  and 
at  the  same  time  the  remaining  one-third  shall  be  appor- 
tioned in  such  manner  as  to  equalize  the  average  length  of 
school  terms  for  the  two  races  as  far  as  may  be  practicable, 
without  discrimination  in  favor  of  or  to  the  prejudice  of 
either  race.  As  soon  as  the  apportionment  is  made,  the  county 
board  of  education  shall  post  a  statement  at  the  court-house 
*  door,  showing  the  amount  apportioned  to  the  several  districts 
or  schools  of  the  county,  and  they  shall  also  notify  each 
committee  of  the  amount  apportioned  to  their  district  and  to 
each  school.  The  board  shall  also  furnish  the  treasurer  of 
the  county  board  of  education  a  statement  of  the  amounts 
apportioned  to  the  several  districts  and  schools. 

NOTE. — It  is  not  to  be  expected  that  the  school  terms  of  the  several 
districts  of  either  race  can  be  made  equal,  and  the  boards  are  advised  to 
give  no- district  more  than  its  per  capita  proportion  of  the  funds,  unless 
there  exists  a  real,  substantial,  geographical  reason  why  the  number  of 
pupils  is  small. 


15 


Sec.  2552.  Basis  of  animal  apportionment  of  public  school  moneys. 

The  annual  apportionment  of  public  school  moneys  shall 
be  based  upon  the  amounts  actually  received  by  the  county 
treasurer  from  all  sources  and  reported  by  him  to  the  county 
board  of  education  as  required  by  this  chapter.  But  a  suffi- 
cient amount  of  money  shall  be  left  unapportioned  to  pay 
the  general  school  expenses  of  the  county  authorized  by  this 
chapter. 

NOTE. — The  general  expenses  authorized  are:  pay  of  county  superin- 
tendents, treasurer's  commissions,  mileage  and  per  diem  of  county 
boards,  postage  and  stationery,  fuel  for  office  of  the  board,  and  $100  for 
a  county  institute,  and  other  necessary  expenses.  See  section  39,  Laws 
1889. 

Sec.  2553.  (As  amended  by  Laws  of  1385  and  1889,  and  chapter  483, 
Laws  of  1893.)    School  committee;  their  dnties;  vacancies,  etc. 

For  each  white  and  each  colored  school  district  there  shall 
be  elected  biennially  by  the  county  board  of  education  of 
the  respective  counties,  on  the  first  Monday  in  June,  a  school 
committee  of  three  persons,  whose  term  of  service  shall  begin 
the  first  Monday  of  July  following,  and  whose  duties  shall 
be  as  prescribed  in  this  chapter.  If  a  vacancy  should  at  any 
time  occur,  it  shall  be  the  duty  of  the  county  board  of  edu- 
cation to  appoint  a  suitable  resident  of  the  school  district  to 
fill  such  vacancy,  and  the  person  thus  appointed  shall  exer- 
cise all  the  powers  and  duties  of  a  school  committeeinan 
until  his  successor  is  elected  and  qualified.  For  sufficient 
cause,  after  thirty  days'  formal  notice,  the  county  board  of 
education  may  remove  a  school  committeeman  and  proceed 
at  once  to  fill  the  vacancy  thus  created :  Provided,  that  all 
orders  by  committees  for  money,  and  all  contracts  made  by 
them  in  writing  shall  be  signed  in  the  legible  handwriting 
of  the  committeemen  purporting  to  sign  such  orders  or  con- 
tracts, or  in  case  any  committeeman  cannot  write  his  name, 
his  signature  by  making  his  mark  shall  be  witnessed  by  at 
least  one  disinterested  witness  in  his  own  proper  handwriting. 

NOTE. — Select  for  school  committeemen  those  who  will  give  personal 
attention  to  school  interests  in  their  districts.  County  boards  will  note 


16 


that  the  law  requires  three  committeemen  for  each  white,  and  three  for 
each  colored  district.  The  committeemen  for  colored  school  districts 
need  not  necessarily  be  colored  men;  where  competent  colored  men  can- 
not be  had,  experienced  and  competent  white  men  should  be  selected. 
The  same  persons  may  be  appointed  committeemen  for  a  white  and  for 
a  colored  district. 

Sec.  2554.  Comity  treasurer  to  receive  and  disburse  school  fund;  his 
bond ;  misdemeanor,  etc. 

The  county  treasurer  of  each  county  shall  receive  and 
disburse  all  public  school  funds ;  but  before  entering  upon 
the  duties  of  his  office,  he  shall  execute  a  justified  treasurer's 
bond,  with  security  in  double  the  amount  of  all  public  school 
moneys  received  by  him  or  by  his  predecessor  during  the 
previous  year,  conditioned  for  the  faithful  performance  of  his 
duties  as  treasurer  of  the  county  board  of  education,  and  for 
the  payment  over  to  his  successor  in  office  of  any  balance  of 
school  moneys  that  may  be  in  his  hands  unexpended,  and 
the  county  board  of  education  may,  from  time  to  time,  if 
necessary, require  him  to  strengthen  said  bond,  and  in  default 
thereof  the  members  of  the  county  board  of  education  shall 
be  guilty  of  a  misdemeanor;  and  for  any  breach  of  said 
bond,  action  shall  be  brought  by  the  county  board  of  edu- 
cation. 

NOTE. — The  bond  is  to  be  taken  and  approved  by  the  board  of  county 
commissioners.     See  section  4,  chapter  199,  Laws  of  1889. 

Sec.  2555.  (As  amended  by  Laws  of  1889.)  Orders,  how  issued  upon 
treasurer  of  county  board  of  education;  proviso;  payments  for 
building  or  repairing  school-houses. 

All  orders  upon  the  treasurer  of  the  county  board  of  edu- 
cation for  school  money  for  the  payment  of  teachers,  and  all 
orders  for  the  purchase  of  sites  for  school -houses  and  for  the 
cost  of  building,  repairing  and  furnishing  school-houses, 
shall  be  signed  by  the  school  committee  of  the  district  in 
which  the  school  is  taught,  or  in  which  the  site  or  school- 
house  is  situated,  and  shall  be  countersigned  by  the  county 
superintendent  of  public  instruction,  which  orders,  duly 
indorsed  by  the  person  to  whom  the  same  are  payable,  shall 


17 


be  the  only  valid  vouchers  in  the  hands  of  the  treasurer  of 
the  county  board  of  education,  to  be  paid  out  of  the  funds 
apportioned  to  the  district:  Provided,  the  said  treasurer  shall 
not  pay  any  school  money  for  building  or  repairing  any 
school-house  unless  the  site  on  which  it  is  located  has  been 
donated  to  gr  purchased  by  the  school  committee  of  the 
district  in  which  said  house  is  located,  and  a  deed  for  the 
same  regularly  executed  and  delivered  to  said  committee 
and  their  successors  in  office,  probated,  registered  in  the 
office  of  register  of  deeds  for  the  county,  and  delivered  to 
the  treasurer  of  the  county  board  of  education,  to  be  by  him 
safely  deposited  with  his  valuable  official  papers,  and  sur- 
rendered to  his  successor  in  office,  and  for  default  he  shall 
be  liable  on  his  official  bond  for  any  sum  thus  illegally  paid. 
No  order  given  by  a  school  committee  of  any  district  for 
maps,  charts,  globes  or  other  school  apparatus  shall  be  valid 
unless  the  same  be  indorsed  by  the  county  superintendent 
of  public  instruction  and  approved  by  the  county  board  of 
education. 

NOTE. — Treasurers  will  note  that  this  section  requires  all  orders  given 
by  committeemen,  whether  for  teachers'  salaries  or  for  other  claims- 
against  district  funds,  to  be  countersigned  by  the  county  superintendent. 

Section  2584  requires  all  deeds  to  be  delivered  to  the  county  board  of 
education. 

Sec.  2556.  Duties  of  treasurer  of  county  board  of  education. 

It  shall  be  the  duty  of  the  treasurer  of  the  county  board  of 
education  to  keep  a  book  in  which  he  shall  open  an  account 
with  each  public  school  district  in  the  county,  showing  the 
amount  apportioned  to  said  district,  distinguishing  the 
moneys  due  to  the  white  and  the  colored  districts,  the  date 
of  all  payments  of  school  moneys,  the  name  of  the  person  to 
whom  paid  and  the  several  amounts.  He  shall  balance  the 
accounts  of  each  district  annually  on  the  thirtieth  day  of 
June  in  each  and  every  year,  and  shall  report  by  letter  or 
printed  circular,  within  ten  days  after  each  apportionment, 
to  each  school  committee  the  amount  apportioned  to  the. 
2 


18 


respective  districts  for  the  year,  together  with  the  balance 
which  may  be  due  any  of  the  said  districts  from  the  preced- 
ing year. 

Sec.  2557.  Treasurer  to  furnish  blank  deeds  to  school  committees; 
form  of  deed ;  when  land  to  revert. 

It  shall  be  the  duty  of  the  treasurer  of  the  county  board  of 
education  to  furnish  school  committeemen  with  blank  deeds 
for  school-house  sites.  If  a  school-house  site  has  been  pur- 
chased, an  ordinary  fee-simple  deed  shall  be  executed.  If  a 
site  has  been  donated,  the  donor  may  provide  in  the  deed  of 
gift  that  the  title  to  the  site,  but  not  to  the  improvements, 
shall  revert  to  him  or  his  heirs  in  case  the  same  shall  cease 
to  be  used  for  school  purposes  for  the  space  of  three  years. 

% 
See.  2558.  (This  section  is  repealed.    See  Acts  1889.) 

Sec.  2559.  Treasurer  to  produce  books,  vouchers,  etc.,  when  required 
bj  board. 

The  treasurer  of  the  county  board  of  education  shall,  when 
required  by  said  board,  produce  his  books  and  vouchers  for 
examination,  and  shall  also  exhibit  all  moneys  due  the  public 
school  fund  of  the  county  at  each  settlement  required  by  this 
chapter. 

Sec.  2560.  (Is  amended  by  the  Laws  of  1889.)    Treasurer  to  make 
report  to  state  superintendent  of  public  instruction. 

The  treasurer  of  the  county  board  of  education  of  each 
county  shall  report  to  the  state  superintendent  of  public 
instruction  on  the  first  Monday  of  July  of  each  year  the 
•entire  amount  of  school  money  received  and  disbursed  by 
him  during  the  preceding  school  year,  designating  by  items 
the  amounts  received  respectively  from  property  tax,  poll- 
tax,  liquor  licenses,  fines,  forfeitures  and  penalties,  auction- 
eers, estrays,  from  state  treasurer,  and  from  all  other  sources. 
He  shall  also  designate  by  items  the  sums  paid  to  teachers 
of  white  and  colored  children  respectively,  and  for  school- 
houses  and  school-house  sites  in  the  several  districts,  and  for 


19 


all  other  purposes,  specifically  and  in  detail  by  items,  and 
on  the  same  day  he  shall  file  a  duplicate  of  said  report  in 
the  office  of  the  county  board  of  education.  He  shall  make 
such  other  reports  as  the  board  of  education  of  the  county 
may  require  from  time  to  time. 

Sec.  2561.  Treasurer  to  keep  account  of  public  school  moneys. 

The  treasurer  of  the  county  board  of  education  shall  keep 
a  book  in  which  shall  be  entered  a  full  and  detailed  account 
of  all  public  school  moneys  received  by  him,  the  name  of 
each  person  paying  him  school  money,  the  source  from  which 
the  same  may  have  been  derived,  and  the  date  of  such  pay- 
ment: Provided,  in  his  settlement  with  the  sheriff  or  other 
collecting  officer  of  public  school  taxes  or  other  school  fund 
the  said  treasurer  shall  receive  money  only. 

NOTE. — For  other  duties  of  treasurer  and  pay  for  services,  see  section 
25,  chapter  174,  Laws  of  1885,  as  published  in  this  pamphlet. 

Sec.  2562.  (4s  amended  by  the  Laws  of  1885.)  Treasurer  failing  to 
report  guilty  of  misdemeanor. 

Any  treasurer  of  a  county  board  of  education  failing  to 
make  the  reports  required  of  him  at  the  time  and  in  the 
manner  prescribed  shall  be  guilty  of  a  misdemeanor,  and  be 
fined  not  less  than  fifty  dollars  and  not  more  than  two  hun- 
dred dollars,  or  imprisoned  not  less  than  thirty  days  nor 
more  than  six  months,  in  the  discretion  of  the  court. 

Sec.  2563.  (As  amended  by  Laws  of  1889.)  Sheriff  to  pay  annually  in 
money  to  treasurer  of  the  county  board,  amount  of  state  and 
county  taxes  levied  for  school  purposes,  etc.;  misdemeanor; 
penalty ;  action  on  bond. 

The  sheriff  of  each  county  shall  pay  annually  in  money 
to  the  treasurer  of  the  county  board  of  education  thereof,  on 
or  before  the  thirty-first  day  of  December  of  each  year,  the 
whole  amount  levied,  less  such  sum  or  sums  as  may  be 
allowed  on  account  of  insolvents,  for  the  current  year,  by 
both  state  and  county,  for  school  purposes;  and,  on  failure 
so  to  do,  shall  be  guilty  of  a  misdemeanor,  and  fined  not  less 


20 


than  two  hundred  dollars,  and  be  liable  to  an  action  on  his 
official  bond  for  his  default  in  such  sum  as  will  fully  cover 
such  default,  said  action  to  be  brought  to  the  next  ensuing 
term  of  the  superior  court  and  upon  the  relation  of  the 
county  board  of  education  for  and  in  behalf  of  the  state. 

Sec.  2564.  (As  amended  by  the  Laws  of  1885.)  Sheriff  to  take  dupli- 
cate receipts. 

The  sheriff  or  other  collecting  officer  shall  take  duplicate 
receipts  of  the  treasurer  of  the  county  board  of  education  for 
such  payments  as  he  may  make  under  this  chapter,  one  copy 
of  which  shall  be  transmitted  to  the  auditor  of  the  state,  and 
one  to  the  chairman  of  the  county  board  of  education. 

NOTE. — Sections  2562,  2563  and  2564.  Treasurers  and  sheriffs  will 
specially  note  the  provisions  of  these  sections.  They  will  keep  the  poll 
and  property  tax  separate,  indicating  each  in  the  receipts  given  by  the 
treasurer.  This  they  will  be  the  better  able  to  do,  because  the  school 
poll-tax  and  school  property  tax  of  each  individual  will  be  separated  on 
the  tax  lists.  A  little  attention  to  this  will  enable  the  treasurers  to  make 
their  reports  promptly. 

See  also  section  8,  chapter  199,  Laws  1889,  which  requires  the  sheriff 
to  itemize  as  specified  in  section  2560. 

Sec.  2565.  (is  amended  by  the  Laws  of  1885.)  Duties  of  secretary  of 
county  board  of  education. 

The  secretary  shall  record  all  of  the  proceedings  of  the 
county  board  of  education,  issue  all  notices  and  orders  that 
may  be  made  by  said  board  pertaining  to  the  public  schools, 
school-houses,  sites  or  districts  (which  notices  or  orders  it 
shall  be  the  duty  of  the  secretary  to  serve  by  mail,  or  by 
personal  delivery  without  cost),  and  record  all  school  statis- 
tics. The  county  board  of  education  shall  provide  the  sec- 
retary with  a  suitable  book  in  which  to  make  the  records 
required  by  this  section. 

Sec.  2566.  (As  amended  by  the  Laws  of  1885, 1889  and  1891.)  Exami- 
nation of  applicants  for  teachers'  certificates  by  county  superin- 
tendent of  public  instruction  ;  grades  of  certificates ;  valid  for  one 
year  in  county  where  issued;  what  to  be  taught  in  public  schools; 
proTiso. 

The  county  superintendent  of  public  instruction  of  each 
county  shall  examine  all  applicants  of  good  moral  character 


21 


for  teachers'  certificates  at  the  court-house  in  the  county,  on 
the  second  Thursdays  of  February,  April,  July,  September, 
October  and  December  of  every  year,  and  continue  the 
examination  from  day  to  day,  during  the  remainder  of  the 
week,  if  necessary,  till  all  applicants  are  examined.  The 
grade  of  the  certificate  to  which  the  applicants  may  be  enti- 
tled shall  conform  to  the  following  standard  of  excellence : 
that  is,  one  hundred  being  the  maximum,  a  certificate  shall 
not  issue  to  any  applicant  who  makes  less  than  fifty  per  cen- 
tum in  any  one  branch,  or  whose  general  average  is  less  than 
seventy  per  centum.  A  general  average  of  ninety  per  cen- 
tum and  over  shall  entitle  an  applicant  to  a  first-grade  cer- 
tificate; a  general  average  of  eighty  per  centum  or  more 
shall  entitle  the  applicant  to  a  second-grade  certificate ;  and 
a  general  average  of  seventy  per  centum  or  more  shall  entitle 
an  applicant  to  a  third-grade  certificate.  The  certificates 
shall  be  valid  for  one  year  from  their  dates  and  only  in  the 
county  in  which  they  were  issued.  No  branches  shall  be 
taught  in  the  public  schools  except  spelling,  defining,  reading, 
writing,  arithmetic,  English  grammar,  geography,  elemen- 
tary physiology  and  hygiene,  and  the  history  of  the  state 
and  United  States:  Provided,  the  school  committee  may  make 
special  arrangements  to  allow  other  branches  to  be  taught: 
Provided,  also,  the  county  superintendent  shall  hold  his 
examinations  publicly,  and  may  invite  competent  persons  to 
assist  him  in  such  examinations. 

NOTE. — The  county  superintendents  should  grant  certificates  to  none 
except  to  those  who  produce  reliable  evidence  of  good  character,  and 
pass  an  approved  examination,  fairly  testing  the  proficiency  of  the 
applicant.  School  committees  should  provide  for  additional  studies  in 
the  public  schools,  when  such  action  will  be  of  advantage  to  any  of  the 
pupils  of  their  district.  The  pursuit  of  all  useful  knowledge  should  be 
encouraged  in  the  schools.  Six  days  are  appointed  by  law  for  examina- 
tions, and  the  boards  will  see  that  all  examinations  are  made  on  these 
days  or  on  the  day  following,  if  one  day  is  not  sufficient,  except  in  ex- 
traordinary cases.  The  examinations  need  not  be  held  in  the  court-house , 
but  may  be  conducted  in  any  suitable  room  at  the  county-seat. 

See  section  41  of  chapter  199,  Laws  of  1889,  which  requires  examina- 
tions on  theory  and  practice  of  teaching. 


22 


Sec.  2567.  (As  amended  by  the  Laws  of  1885.)  Teachers'  institutes ; 
teachers  required  to  attend. 

The  board  of  education  of  any  county  may  annually  ap- 
propriate an  amount  not  exceeding  one  hundred  dollars  out 
of  the  school  funds  of  the  county  for  the  purpose  of  conduct- 
ing one  or  more  teachers'  institutes  for  said  county ;  or  the 
county  boards  of  education  of  two  or  more  adjoining  coun- 
ties may,  if  in  their  judgment  deemed  proper,  appropriate 
an  amount  not  exceeding  one  hundred  dollars  to  each  county, 
for  the  purpose  of  conducting  a  teachers'  institute  for  said 
counties,  at  some  convenient  and  satisfactory  point,  and  the 
public  school  teachers  of  the  said  county  or  counties  are 
required  to  attend  said  institutes  which  latter  shall  be  open 
also  to  any  teachers  in  the  county  or  counties  who  may  be 
desirous  to  attend  them. 

Sec.  2568.  County  superintendent  to  hare  charge  of  institute,  etc. 

A  county  teachers'  institute  under  the  preceding  section 
shall  be  under  the  supervision  of  the  county  superintendent 
of  public  instruction.  In  the  event  of  a  joint  county  teach- 
ers' institute,  the  supervision  shall  be  vested  in  a  president 
to  be  elected  by  the  institute  from  among  the  county  super- 
intendents present. 

NOTE. — Sees.  2587  and  2568. — The  county  board  of  education  of  each 
county  should  make  an  appropriation  of  a  sufficient  sum,  under  the  pro- 
visions of  these  sections,  for  the  proper  training  of  the  teachers  of  the 
county  for  work  in  the  public  schools.  A  well  conducted  teachers' 
institute  is  an  absolute  necessity  for  the  proper  development  and  progress 
of  the  school  system  of  a  county.  It  is  a  mistaken  idea  of  economy  in 
county  boards  to  withhold  the  funds  necessary  for  this  work.  The  $4,000 
given  by  chapter  200,  Laws  of  1889,  to  institute  work  in  the  counties  has 
been  taken  from  this  work  and  given  to  the  Normal  and  Industrial 
School  for  White  Women,  at  Greensboro,  N.  C.  See  section  8,  chapter 
139,  Laws  of  1891. 

Sec.  2569.  (As  amended  by  the  Laws  of  1885.)  Duties  of  county 
superintendent  of  public  instruction;  powers;  suspension  of 
teacher. 

It  shall  be  the  duty  of  the  county  superintendent  of  public 
instruction  to  advise  with  the  teachers  as  to  the  best  methods 


23 


of  instruction  and  government,  and  to  that  end  he  shall  keep 
himself  thoroughly  posted  as  to  the  progress  of  education  in 
other  counties,  cities  and  states;  he  shall  have  authority  to 
correct  abuses,  and  to  this  end  he  may,  with  the  concurrence 
of 'a  majority  of  the  school  committee  of  the  district  in  which 
he  is  employed,  suspend  any  teacher  who  may  be  guilty  of 
any  immoral  or  disreputable  conduct,  or  who  may  prove 
himself  incompetent  to  discharge  efficiently  the  duties  of  a 
public  school  teacher,  or  who  may  be  persistently  neglectful 
of  said  duties,  or  if  the  salary  is  exorbitant,  or  the  patronage 
insufficient  to  justify  the  expenditure,  and  the  teachers  shall 
be  paid  only  to  the  date  of  such  suspension.  Under  the 
supervision  of  the  county  board  of  education  he  shall  visit 
the  schools ;  and  he  shall  perform  such  other  duties  as  may 
be  required  of  him  by  the  county  board  of  education  and  the 
state  superintendent,  and  shall  obey  their  instructions. 

NOTE. — The  school  committees  should  heartily  co-operate  with  the- 
county  superintendent  in  securing  the  best  work  possible  by  the  teachers- 
in  the  school  room.  The  training  of  children  must  not  be  left  in  the 
hands  of  those  whose  example  in  daily  life  could  not  be  safely  followed^ 
by  their  pupils.  The  county  superintendent  should  be  allowed  large  dis- 
cretion in  the  matter  of  visitation  of  schools.  No  work  will  be  of  greater 
benefit  to  the  teachers  and  schools. 

Sec.  2570.  County  superintendent  to  distribute  blanks. 

It  shall  be  the  duty  of  the  county  superintendent  of  pub- 
lic instruction  to  distribute  to  the  various  school  committees 
of  his  county  all  such  blanks  as  may  be  furnished  by  the  state 
superintendent  of  public  instruction  for  reports  of  school 
statistics  of  the  several  districts ;  also  blanks  for  teachers' 
reports  and  for  orders  on  the  treasurer  of  the  county  board 
of  education  for  teachers'  salaries;  he  shall  also  distribute  to- 
the  school  committees  school  registers  for  their  respective 
districts;  he  shall  advise  with  said  committees  as  to  the  best 
methods  of  gathering  the  school  statistics  contemplated  by 
such  blanks,  and,  by  all  proper  means,  shall  seek  to  have 
such  statistics  fully  and  promptly  reported. 


24 


NOTE. — The  blanks  furnished  by  the  state  superintendent  are  as  fol- 
lows: School  Registers,  Record  of  Examinations,  Teachers'  Reports  and. 
Vouchers,  Teachers'  Certificates,  Superintendents'  Reports,  Treasurers' 
Reports,  Census  Reports,  and  Deeds,  and  blanks  for  Census  of  Deaf  and 
Dumb  and  of  Blind  under  chapter  69,  Laws  of  1893.  In  ordering  blanks 
from  the  state  superintendent  the  county  superintendent  should  give  his 
express  office. 

Sec.  2571.  (As  amended  by  the  Laws  of  1885.)  County  superinten- 
dent to  countersign  orders  on  treasurer  of  county  board  foi 
payment  of  teachers'  salaries. 

It  shall  be  the  duty  of  the  county  superintendent  of  public 
instruction  to  countersign  all  orders  given  by  the  several 
school  committees  upon  the  treasurer  of  the  county  board  of 
education  in  payment  of  teachers'  salaries,  and  it  shall  not 
be  lawful  for  the  said  treasurer  to  pay  such  orders  unless  the 
same  have  been  countersigned  by  the  county  superintendent 
of  public  instruction :  Provided,  the  said  county  superinten- 
dent shall  not  have  authority  to  countersign  any  such  order 
until  the  teacher  in  whose  favor  it  is  drawn  shall  have  made 
the  reports  to  the  county  superintendent  required  by  this 
chapter,  and  shall  have  sworn  to  them  before  the  county 
superintendent. 

NOTE. — The  spirit  of  this  proviso  is,  that  no  voucher  shall  be  coun- 
tersigned unless  sworn  to.  See  section  12,  chapter  199,  Laws  1889.  All 
orders  must  be  countersigned  by  the  county  superintendent.  See  sec- 
tion 2555. 

Sec.  2572.  County  superintendent  to  deliver  to  county  board  cata- 
logue of  teachers,  etc, 

The  county  superintendent  of  public  instruction  shall 
deliver  to  the  county  board  of  education,  on  or  before  the 
first  Monday  in  July  in  every  year,  a  catalogue  of  all  the 
teachers  to  whom  he  gave  certificates  during  the  year. 

Sec.  2573.  County  superintendent  to  report  to  state  superintendent 
number,  etc.,  of  teachers,  schools,  etc. 

It  shall  be  the  duty  of  the  county  superintendent  of  public 
instruction  in  each  county,  on  or  before  the  first  Monday  in 
July  of  every  year,  to  report  to  the  state  superintendent  of 


25 


public  instruction  an  abstract  statement  of  the  number,  grade, 
race  and  sex  of  the  teachers  examined  and  approved  by  him 
during  the  year;  also  the  number  of  public  schools  taught  in 
the  county  during  the  year  for  each  race ;  the  number  of 
pupils  of  each  race  enrolled  in  said  schools ;  their  average 
attendance;  the  number  of  females;  the  average  length  of 
the  terms  of  said  schools  and  the  average  salary,  respectively, 
of  the  white  and  colored  teachers;  also  full  and  accurate 
statistics  of  the  number  of  school  children  in  the  county, 
giving  race  and  sex;  the  number  of  school  districts  for  each 
race,  and  the  number  of  public  school-houses  and  the  value 
of  public  school  property  for  each  race ;  the  number  of  teach- 
ers' institutes  held,  and  the  number  of  teachers  that  attended 
such  institutes;  together  with  such  suggestions  as  may  occur 
to  him  promotive  of  the  school  interests  of  the  county. 

NOTE.— County  superintendents  should  make  full  and  prompt  reports 
under  the  provision  of  this  section,  and  report  all  permanent  private 
schools  in  their  county,  as  indicated  by  any  blank  which  may  be  fur- 
nished them. 

Sec.  2574.  (As  amended  by  the  Laws  of  1885.)  County  superintendent 
to  record  copy  of  report  to  state  superintendent  in  office  of  sec- 
retary of  county  board. 

The  county  superintendent  of  public  instruction  shall 
record  in  his  books  his  annual  report  to  the  state  superin- 
tendent of  public  instruction  and  the  census  reports  and 
school  statistics  as  reported  to  him  by  the  school  committees. 

Sec.  2575.  (Is  amended  by  the  Laws  of  1885.)  Compensation  of  county 
superintendent. 

Each  county  superintendent  of  public  instruction  who 
shall  comply  with  this  chapter  shall  receive,  as  compensation 
for  his  services,  such  sum  as  in  the  discretion  of  the  board  of 
education  may  seem  adequate  and  just,  the  amount  not  to  be 
less  than  two  nor  more  than  three  dollars  per  day  for  all 
days  necessarily  engaged  in  the  discharge  of  the  duties  of  his 
position,  of  which  said  service  he  shall  present,  at  their  reg- 
ular meeting,  to  the  county  board  of  education,  an  itemized 


26 


account,  with  an  affidavit  attached,  that  the  services  therein 
charged  have  been  in  fact  rendered,  whereupon,  if  approved 
by  the  county  board  of  education,  it  shall  be  the  duty  of  the 
chairman  and  secretary  of  said  board  to  draw  an  order  on 
the  treasurer  of  the  county  board  of  education  for  the  amount 
due  the  county  superintendent  by  virtue  of  this  section.  This 
order  shall  be  paid  by  the  said  treasurer  out  of  the  school 
funds:  Provided,  his  salary  shall  not  exceed  four  per  centum 
of  the  school  fund  apportioned  in  the  county. 

See.  2576.  (As  amended  by  the  Laws  of  1885.)    Oath  of  school  com- 
mitteenien;  school  officers  authorized  to  administer  oaths. 

Before  entering  upon  the  duties  of  their  office,  the  school 
comrnitteemen  shall  take  an  oath  for  the  faithful  discharge 
of  the  duties  of  their  office.  In  all  matters  pertaining  to  the 
execution  of  the  school  law,  all  the  members  of  the  county 
board  of  education  and  the  county  superintendent  are 
authorized  to  administer  oaths,  but  neither  they  nor  justices 
of  the  peace  shall  be  entitled  to  any  fee  for  such  service. 

Sec.  2577.  Meeting  of  school  committeemenj  chairman;  clerk;  record 
to  be  kept. 

The  school  committee  of  each  school  district,  within  fifteen 
days  after  their  election  or  appointment,  shall  meet  at  some 
convenient  point  within  the  school  district,  and  organize  by 
electing  one  of  their  number  chairman  and  another  of  their 
number  clerk  of  the  school  committee,  and  the  said  clerk 
shall  keep  a  record  of  the  proceedings  of  said  committee  in 
a  book  provided  for  that  purpose. 

NOTE. — A  record  of  the  proceedings  of  each  committee,  as  required  by 
this  section,  should  be  kept;  very  many  difficulties  will  be  avoided 
thereby.  This  record  book  is  not  furnished  by  the  state  superintendent, 
but  may  be  bought  by  the  committee. 

Sec.  2578.  School  committee  to  be  a  body  corporate. 

The  school  committee  of  each  school  district  shall  be  a 
body  corporate  by  the  name  and  style  of  "  The  School  Com- 
mittee of  District  No. ,  in  the  county  of ,"  and  by 


V 


27 


that  name  shall  be  capable  of  purchasing  and  holding  real 
and  personal  estate,  and  of  selling  and  transferring  the  same 
for  school  purposes,  and  of  prosecuting  and  defending  suit 
for  or  against  the  corporation.  All  conveyances  to  school 
committees  shall  be  to  them  and  their  successors  in  office. 

Sec.  2579.  (As  amended  by  the  Laws  of  1885  and  1889.)  School  com- 
mittee to  take  annual  census  of  children ;  to  report  number  of 
school-houses  to  county  superintendent. 

It  shall  be  the  duty  of  the  school  committee  of  each  dis- 
trict to  take  and  return  to  the  county  superintendent  of 
public  instruction,  on  or  before  the  first  day  of  June  in  every 
year,  a  full  and  accurate  census  of  the  children  between  the 
ages  of  six  and  twenty-one  years,  designating  the  race  and 
sex.  And  the  said  committee  shall  also  report  to  the  said 
county  superintendent  the  number  of  public  school-houses 
and  the  value  of  all  public  school  property,  for  each  race, 
separately. 

Should  the  committee  fail  to  make  such  report  by  the  first 
Monday  of  July,  the  report  of  the  preceding  year  shall  be 
taken  as  the  basis  of  the  report  to  the  state  superintendent. 
The  said  report  shall  be  signed  by  the  member  of  the  com- 
mittee designated  to  take  the  census,  and  be  sworn  to  before 
any  justice  of  the  peace  or  other  person  authorized  to  admin- 
ister oaths. 

NOTE. — A  failure  by  the  committee  to  make  the  report  as  required  by 
this  section  is  sufficient  cause  for  their  removal  by  the  county  boards. 
The  committee  will  designate  one  of  their  number  to  perform  this  duty, 
who  is  to  swear  to  the  report.  See  chapter  69,  Laws  of  1893. 

Sec.  2580.  (As  amended  by  the  Laws  of  1889.)  School  committee 
authorized  to  employ  and  dismiss  teachers,  and  to  fix  their  pay. 

The  school  committees  shall  have  authority  to  employ  and 
dismiss  teachers  in  their  respective  districts;  but  no  contract 
shall  be  made  during  any  year  to  extend  beyond  the  term 
of  office  of  the  committee,  nor  for  more  money  than  is  placed 
to  the  credit  of  the  district  for  the  fiscal  year  during  which 
the  contract  is  made.  No  person  shall  be  employed  as  a 


28 


teacher  who  does  not  produce  a  certificate  from  the  county 
superintendent  of  public  instruction  dated  within  the  time 
prescribed  by  law.  Teachers  of  third  grade  shall  receive 
out  of  the  public  fund  not  more  than  fifteen  dollars  per 
month;  of  the  second  grade,  not  more  than  twenty-five  dol-. 
lars  per  month,  and  teachers  of  first  grade  may  receive  such 
compensation  as  shall  be  agreed  upon  ;  but  no  teacher  shall 
receive  any  compensation  for  a  shorter  term  than  one  month, 
unless  providentially  hindered.  Twenty  school  days  shall 
be  a  month :  Provided,  that  the  county  board  of  education 
shall  have  authority  to  fix  a  maximum  price  for  first-grade 
teachers,  and  otherwise  superintend  the  employing  and  dis- 
missing of  teachers  not  inconsistent  with  the  specific  prohi- 
bition in  this  section. 

NOTE. — A  good  teacher  is  cheaper  at  a  high  price  than  an  incompetent 
teacher  at  a  low  price.  The  practice  in*  some  sections  'of  employing 
teachers  and  putting  them  to  work  before  they  have  the  county  super- 
intendent's certificate,  relying  on  a  prospective  examination,  is  unlawful. 

The  amendment  to  this  section  by  the  Assembly  of  1889  allows  the 
board  of  education  to  make  such  regulations  about  employing  and  dis- 
missing teachers  as  they  may  deem  proper,  not  inconsistent  with  the 
plain  provisions  of  the  section.  It  is  advised  that  large  discretion  be 
allowed  to  committeemen,  especially  if  they  are  intelligent  and  manifest 
interest  in  their  school.  In  case  of  divisions  and  neighborhood  difficul- 
ties as  to  who  the  teacher  is  to  be,  terms,  etc.,  the  board  can  control. 

Sec.  2581.  Teachers  to  render  statement  of  number  of  pupils,  etc., 
to  school  committee;  when  order  for  payment  of  teachers  to 
be  given. 

At  the  end  of  every  term  of  a  public  school,  the  teacher 
or  principal  of  the  school  shall  exhibit  to  the  school  com- 
mittee of  the  district  a  statement  of  the  number  of  pupils, 
male  and  female;  the  average  daily  attendance,  the  length 
of  term  and  the  time  taught.  If  the  committee  are  satisfied 
that  the  provisions  of  this  chapter  have  been  complied  with, 
they  shall  give  an  order  on  the  treasurer  of  the  county  board 
of  education,  payable  to  said  teacher,  for  the  full  amount 
due  for  services  rendered. 


29 


Sec.  2582.  School  committee  empowered  to  receive  gifts,  etc.;  deed, 
how  executed;  proceeds  of  sale;  to  have  care  of  school- house, 
etc.,  and  to  sell  the  same,  etc.;  original  grantor  to  have  option 
to  repurchase  school-house  site  when  resold. 

The  school  committee  may  receive  any  gift,  grant,  dona- 
tion or  devise  made  for  the  use  of  any  school  or  schools 
within  their  jurisdiction,  and  in  their  corporate  capacity  they 
shall  be  intrusted  with  the  care  and  custody  of  all  school- 
houses,  school-house  sites,  grounds,  books,  apparatus,  or 
other  public  school  property  belonging  to  their  respective 
jurisdictions,  with  full  power  to  control  the  same  as  they  may 
deem  best  for  the  interest  of  the  public  schools  and  the  cause 
of  education.  When,  in  the  opinion  of  the  committee,  any 
school-house,  school-house  site  or  other  public  school  prop- 
erty has  become  unnecessary  for  public  school  purposes,  they 
shall  sell  the  same  at  public  auction,  after  advertisement  for 
twenty  days  at  three  public  places  in  the  county.  The  deed 
for  the  property  thus  sold  shall  be  executed  by  the  chairman 
and  clerk  of  the  committee,  and  the  proceeds  of  the  sale  shall 
be  paid  to  the  treasurer  of  the  county  board  of  education  for 
the  school  expenses  in  said  school  district:  Provided,  the 
committee  shall  first  offer  the  site  and  improvements  to  the 
original  grantor,  donor,  or  his  heirs,  at  a  price  fixed  by  the 
committee.  And  in  the  event  of  a  disagreement  as  to  the 
price,  the  committee  shall  select  one  discreet  and  disinter- 
ested person,  and  the  grantor,  donor,  or  his  heirs  shall  select 
another  such  person,  to  value  and  appraise  the  property,  and 
in  the  event  they  cannot  agree,  they  shall  call  to  their  aid 
an  umpire;  and  upon  the  payment  of  the  price  thus  fixed 
the  committee  shall  convey,  by  proper  deed,  the  property  to 
the  original  grantor,  donor,  or  his  heirs:  Provided,  that  the 
committee  shall  be  allowed  to  remove  the  house  if  the  grantor 
or  his  representative  refuse  to  purchase  it,  and  its  value  shall, 
in  that  case,  not  be  considered  in  the  appraisement. 


30 


Sec.  2583.  (As  amended  by  section  15,  chapter  199,  Laws  of  1889.) 
Empowered  to  receive  sites  for  school-houses  by  donation  or 
purchase;  in  case  of  purchase,  approval  of  chairman  and  sec- 
retary of  county  board  necessary;  title;  proceedings  to  con- 
demn land  for  school-house  sites. 

The  school  committee  may  receive  suitable  sites  for  school- 
houses  by  donation  or  purchase.  In  the  latter  case  they 
shall  report  the  price  to  the  chairman  and  secretary  of  the 
county  board  of  education.  If  the  lattet  are  satisfied  that 
the  price  is  not  excessive,  and  that  it  is  suitable  in  respect 
to  its  location,  they  shall  approve  the  order  of  the  committee 
on  the  treasurer  of  the  county  board  of  education  for  the 
purchase-money,  and  upon  payment  of  the  order  the  title  to 
said  site  shall  vest  in  the  committee  and  their  successors  in 
office.  Whenever  the  committee  are  unable  to  obtain  a  suit- 
able site  for  a  school  by  gift  or  purchase,  they  shall  report  to 
the  county  superintendent  of  public  instruction,  who  shall, 
upon  five  days'  notice  to  the  owner  of  the  land,  apply  to  the 
clerk  of  the  superior  court  for  the  appointment  of  their 
[three]  appraisers,  who  shall  lay  off,  by  metes  and  bounds, 
not  more  than  one  acre,  and  assess  the  value  thereof.  They 
shall  make  a  written  report  of  their  proceedings,  to  be  signed 
by  them  or  by  a  majority  of  them,  to  the  said  clerk  within  five 
days  from  their  appointment,  who  shall  enter  the  same  upon 
the  records  of  the  court.  If  said  report  is  confirmed  by  the 
clerk  of  the  court,  the  chairman  and  secretary  shall  approve 
the  order  which  the  district  school  committee  shall  give  on 
the  treasurer  of  the  county  board  of  education  in  favor  of 
the  owner  of  the  land  thus  laid  off,  and  upon  payment  or 
offer  of  payment  of  this  order  the  title  to  said  land  shall  vest 
in  the  school  committee  and  their  successors  in  office:  Pro- 
vided, improved  land  shall  not  be  condemned  under  this 
section  unless  it  be  essential  to  secure  a  proper  location: 
Provided  further,  any  person  aggrieved  by  the  action  of  said 
appraisers  may  appeal  to  the  superior  court  of  the  county  in 
which  the  land  is  situate  upon  giving  bond  to  secure  the 
board  against  such  costs  as  may  be  incurred  on  account  of 
said  appeal  not  being  prosecuted  with  effect. 


31 


NOTE. — School  committees  should  procure  suitable  sites  in  their 
respective  districts,  and  have  comfortable  school-houses  erected  thereon. 
When  the  district  has  no  school-house,  disputes  arise  each  year  as  to 
where  the  school  should  be  taught,  and  thus  neighborhood  quarrels  are 
promoted  which  injure  the  schools.  School  committees  should  pay 
particular  attention  to  the  provisions  of  this  section  to  save  trouble  in 
connection  with  titles. 

Sec.  2584.  (As  amended  by  chapter  199,  Laws  of  1889.)    School  com- 
mittee to  deliver  deeds  to  county  board  of  education. 

All  deeds  to  school  committeemen  shall  be  delivered  for 
safe-keeping  to  the  board  of  education  of  the  county,  and 
they  shall  have  them  recorded,  if  not  already  recorded,  and 
all  deeds  hereafter  made  shall  be  delivered  to  said  board  for 
their  inspection  before  registration. 

Sec.  2585.  Duties  of  teachers ;  dismissal  of  pupil. 

It  shall  be  the  duty  of  all  teachers  of  free  public  schools 
to  maintain  good  order  and  discipline  in  their  respective 
schools,  to  encourage  morality,  industry  and  neatness  in  all 
of  their  pupils,  and  to  teach  thoroughly  all  the  branches 
which  they  are  required  to  teach.  If  any  pupil  shall  wil- 
fully and  persistently  violate  the  rules  of  the  school,  such 
pupil  may  be  dismissed  by  the  teacher  for  the  current  term. 

NOTE. — On  the  subject  of  the  authority  of  the  teacher  as  to  corporal 
punishment,  the  following  decision,  rendered  by  Judge  Gaston,  2  Dev- 
€reux  and  Battle,  p.  365,  is  quoted: 

"  The  law  confides  to  schoolmasters  and  teachers  a  discretionary  power 
in  the  infliction  of  punishment  upon  their  pupils,  and  will  not  hold  them 
responsible  criminally,  unless  the  punishment  be  such  as  to  occasion  per- 
manent injury  to"  the  child,  or  be  inflicted  merely  to  gratify  their  own 
evil  passions. 

"  It  is  not  easy  to  state  with  precision  the  power  which  the  law  grants 
to  schoolmasters  and  teachers  with  respect  to  the  correction  of  their 
pupils.  It  is  analogous  to  that  which  belongs  to  parents,  and  the  author- 
ity of  the  teacher  is  regarded  as  a  delegation  of  parental  authority.  One 
of  the  most  sacred  duties  of  parents  is  to  raise  up  and  qualify  their  chil- 
dren for  becoming  useful  and  virtuous  members  of  society;  this  duty 
cannot  be  effectually  performed  without  the  ability  to  command  obedi- 
ence, to  control  stubbornness,  to  quicken  diligence  and  to  reform  bad 
habits;  and  to  enable  him  to  exercise  this  salutary  sway  he  is  armed 
with  the  power  to  administer  moderate  correction  when  he  shall  believe 
it  to  be  just  and  necessary. 


32 


"  Within  the  sphere  of  his  authority,  the  master  is  judge  when  correc- 
tion is  required  and  of  the  degree  of  correction  necessary ;  and  like  all 
others  intrusted  with  a  discretion,  he  cannot  be  made  penally  responsi- 
ble for  error  of  judgment,  but  only  for  wickedness  of  purpose.  The  best 
and  wisest  of  mortals  are  weak  and  erring  creatures,  and  in  the  exercise 
of  functions  in  which  their  judgment  is  to  be  the  guide  cannot  be  right- 
fully required  to  engage  for  more  than  honesty  of  purpose  and  diligence 
of  exertion.  His  judgment  must  be  presumed  correct,  because  he  is  the 
judge,  and  also  because  of  the  difficulty  of  proving  the  offence  or  accu- 
mulation of  offences  that  called  for  correction;  of  showing  the  peculiar 
temperament,  disposition  and  habits  of  the  individual  corrected;  and  of 
exhibiting  th'e  various  milder  means,  that  may  have  been  ineffectually 
used,  before  correction  was  resorted  to. 

' '  But  the  master  may  be  punishable  when  he  does  not  transcend  the 
powers  granted,  if  he  grossly  abuse  them..  If  he  use  his  authority  as  a 
cover  of  malice,  and,  under  pretence  of  administering  correction,  gratify 
his  own  bad  passions,  the  mask  of  the  judge  shall  be  taken  off,  and  he 
will  stand  amenable  to  justice,  as  an  individual  not  invested  with  judi- 
cial power." 

For  conduct  outside  of  school,  or  after  school  is  dismissed,  it  seems  to 
be  agreed  that  a  teacher  may  inflict  punishment  for  any  misbehavior 
that  has  a  direct  or  immediate  tendency  to  injure  the  school,  to  subvert 
the  teacher's  authority  and  to  beget  disorder  and  insubordination.  This 
line  of  authority  it  is  difficult  to  draw  with  precision,  and  a  wise  discre- 
tion must  be  exercised,  the  teacher  always  bearing  in  mind  that  it  is  the 
school  and  his  authority  to  govern  it  that  are  to  be  protected. 

The  secret  of  success  in  school  government  lies  in  the  art  of  creating 
an  interest  and  enthusiasm  in  school  exercises  and  their  results.  This 
done  the  school  will,  in  a  large  measure,  govern  itself;  without  it,  no 
kind  or  degree  of  corporal  punishment  will  secure  good  results  in  school 
work  or  government.  The  teacher  should  so  demean  himself  as  to  make 
all  pupils  consider  him  their  friend  and  benefactor,  keeping  authority 
and  punishment  in  the  background,  to  be  used  when  nothing  else  will  do. 

Sec.  2586.  (As  amended  by  Laws  of  1885  and  1889.)  Teachers  to 
keep  daily  records  concerning  pupils ;  grades  in  scholarship,  in 
deportment;  report  to  be  made  to  county  superintendent. 

Every  teacher  or  principal  of  a  school  to  which  aid  shall 
be  given  under  this  chapter  shall  keep  a  daily  record  of  all 
absences  of  pupils  and  of  the  grade  in  scholarship  and  deport- 
ment of  each.  The  grade  in  scholarship  shall  be  indicated 
by  the  numbers  one,  two,  three,  four  and  five,  one  represent- 
ing the  highest  or  first  grade  and  five  the  lowest,  and  the 
three  intermediate  numbers  the  three  intermediate  grades. 


33 


The  grades  in  deportment  shall  be  represented  by  the  same- 
numbers  and  in  the  same  order.  At  the  end  of  every  term 
every  principal  or  teacher  of  a  public  school  shall  report  to 
the  county  superintendent  of  public  instruction  the  length 
of  term  of  school,  the  race  for  which  it  was  taught,  the  num- 
ber, sex  and  average  daily  attendance  of  the  pupils,  and  the 
number  of  the  district  in  which  the  school  was  taught. 

If  any  term  comprehends  parts  of  the  two  school  years, 
beginning  in  one  and  ending  in  the  succeeding,  the  teacher 
shall  on  the  first  day  of  July  make  the  above  required  report 
for  the  part  of  the  term  up  to  that  date,  and  the  remaining 
part  of  the  term  shall  be  reported  when  the  term  closes  and 
form  part  of  the  report  for  that  year. 

NOTE. — Teachers  will  note  that  their  orders  for  salary  will  not  be- 
approved  by  the  county  superintendent,  or  paid  by  the  treasurer,  until 
this  report  is  made.  Arrangements,  however,  may  be  made  "with  the 
county  superintendent  to  approve  orders  for  the  salary  of  each  month, 
so  as  to  enable  teachers  to  draw  their  pay  monthly.  The  teacher  must,, 
in  this  case,  make  a  report  for  the  full  session  at  its  close,  before  he  can 
receive  the  last  installment  of  his  salary. 

Section  24.  chapter  199,  Laws  1889,  forbids  any  school  being  in  ses- 
sion on  June  30th.  No  school  can  comprehend  parts  of  two  school  years: 
therefore  the  last  paragraph  of  this  section  is  practically  of  no  force. 

Sec,  2587.  School  year. 

The  school  year  shall  begin  on  the  first  Monday  in  July. 
NOTE. — See  section  1,  chapter  199,  Laws  of  1889. 

Sec.  2588.  (As  amended  by  the  Laws  of  1889.)    Eyery  school  receiving 
aid  nnder  this  chapter  to  be  a  public  school. 

Every  school  to  which  aid  shall  be  given  under  this  chap- 
ter shall  be  a  public  school,  to  which  all  children  living 
within  the- district  between  the  ages  of  six  and  twenty-one 
years  shall  be  admitted  free  of  charge  for  tuition :  Provided, 
the  admission  of  pay  students  shall  be  under  the  direction 
of  the  committee.  Provided  further,  that  the  committee  or 
the  county  superintendent  or  the  board  of  education  may 
exclude  persons  of  immoral  lives  or  character. 

NOTE. — Children,  in  the  district,  not  of  school  age,  or  those  living  out- 
side of  the  district,  may  be  admitted  as  pay  students  by  direction  of  the- 
school  committee.  3 


Sec.  2589.  (As  amended  by  section  3,  chapter  294,  Laws  of  1893.)  Tax 
of  sixteen  cents  on  every  one  hundred  dollars  of  property  and 
credits  to  be  levied  for  support  of  public  schools  $  poll-tax  of 
forty -eight  cents. 

In  addition  to  the  state  and  county  capitation  taxes  appro- 
priated by  the  constitution,  and  other  revenues  for  the  sup- 
port of  the  public  schools,  there  shall  be  levied  and  collected 
every  year  for  the  maintenance  and  support  of  the  public 
schools  sixteen  cents  on  every  one  hundred  dollars  worth  of 
property  and  credits  in  the  state,  and  forty-eight  cents  on 
every  poll,  in  addition  to  the  taxes  in  the  revenue  law. 

NOTE. — Attention  is  called  to  section  nine  (9),  chapter  199,  Laws  1889. 
The  forms  will  contain  separate  columns  for  school  poll-tax  and  school 
property  tax,  and  it  is  required  of  the  county  commissioners  and  register 
of  deeds  to  enter  these  items  separate,  whether  levied  in  this  section  or 
under  the  provisions  of  section  2590.  Each  tax  receipt  is  to  show  the 
total  amount  of  school  tax  separate  from  the  state  and  county  tax,  so 
that  each  tax-payer  may  know  exactly  how  much  school  tax  he  pays. 
The  phrase,  "  in  addition  to  the  taxes  in  the  revenue  law,"  has  reference 
to  taxes  on  liquor  dealers,  and  taxes  other  than  property  and  poll. 

Sec.  2590.  (As  amended  by  the  Laws  of  1885.)  If  taxes  insufficient 
to  maintain  public  schools  four  months,  board  of  commissioners 
to  levy  special  tax ;  how  collected. 

If  the  tax  levied  by  the  state  for  the  support  of  the  public 
schools  shall  be  insufficient  to  maintain  one  or  more  schools 
in  each  school  district  for  the  period  of  four  months,  then 
the  board  of  commissioners  of  each  county  shall  levy  annu- 
ally a  special  tax  to  supply  the  deficiency  for  the  support 
and  maintenance  of  said  schools  for  the  said  period  of  four 
months  or  more.  The  said  tax  shall  be  collected  by  the 
sheriff  in  money,  and  he  shall  be  subject  to  the  same  liabili- 
ties for  the  collection  and  accounting  of  said  tax  as  for  other 
taxes.  The  said  tax  shall  be  levied  on  all  property,  credits 
and  polls  of  the  county ;  and  in  the  assessment  of  the  amount 
on  each  the  commissioners  shall  observe  the  constitutional 
equation  of  taxation;  and  the  fund  thus  raised  shall  be 
expended  in  the  county  in  which  it  is  collected,  in  such 
manner  as  the  county  board  of  education  may  determine, 


35 


for  maintaining  the  public  schools  for  four  months  at  least 
in  each  year.  But  the  county  board  of  education  shall  not 
be  required  to  expend  upon  a  district  containing  less  than 
sixty-five  pupils  the  same  sum  it  may  give  to  larger  districts, 
notwithstanding  an  inequality  of  length  of  school  terms  may 
be  the  result.  The  county  board  of  education,  on  or  before 
the  annual  meeting  of  the  commissioners  and  justices  of  the 
peace  for  levying  county  taxes,  shall  make  an  estimate  of 
the  amount  of  money  necessary  to  maintain  the  schools  for 
four  months  and  submit  it  to  the  county  commissioners. 

NOTE. — This  section  should  be  observed  and  its  provisions  carried  out 
fully  by  the  county  boards  of  education  and  the  county  commissioners. 
It  will  be  observed  that  the  law  is  mandatory  in  its  provisions,  and  that 
it  is  intended  to  carry  into  effect  the  provisions  of  article  nine,  sections 
twojand  three,  of  the  state  constitution.  It  will  be  noted  that  the  county 
board  of  education  is  required  to  make  an  estimate  of  the  additional 
funds  necessary  to  provide  schools  for  four  months  and  submit  it  to  the 
commissioners.  For  some  years  the  law. has  required  the  county  com- 
missioners to  levy  any  additional  tax  that  might  be  necessary  to  continue 
the  schools  for  a  period  of  four  months  per  annum,  and  the  constitution 
of  the.  state  makes  it  their  duty  to  do  this  under  penalty  of  indictment; 
and  yet  some  commissioners  do  not  attend  to  this  duty.  Construing  the 
constitution  and  the  statute  together,  we  are  forced  to  the  conclusion 
that  it  is  the  imperative  duty  of  the  commissioners  to  levy  this  tax. 

The  decision  of  the  supreme  court  in  Barksdale  v.  Commissioners  of 
Sampson,  93  N.  C.  Reports,  does  not  relieve  the  commissioners  of  this 
obligation  except  when  the  limit  of  66f  cents  on  $100  valuation  of  prop- 
erty and  $2.00  on  polls  has  been  reached  for  state,  county  and  school 
purposes. 

Section  two,  article  five,  of  the  constitution,  is  as  follows: 

"  The  proceeds  of  the  state  and  county  capitation  tax  shall  be  applied 
to  the  purposes  of  education  and  the  support  of  the  poor,  but  in  no  one 
year  shall  more  than  twenty-five  per  cent,  thereof  be  appropriated  to 
the  latter  purpose." 

The  state  tax  is  that  levied  by  the  general  assembly,  and  the  county 
tax  is  that  levied  by  the  justices  of  the  peace  and  county  commissioners. 
These  taxes,  combined,  can  never  exceed  $2.00  on  the  poll. 

When  this  limit  is  reached  the  commissioners  cannot  levy  any  school 
tax  under  the  provisions  of  this  section,  but  they  are  required  to  see  that 
the  sheriff  (tax  collector)  shall  pay  over  to  the  treasurer  of  the  board  of 
education  at  least  $1.50  on  each  poll  that  is  collected,  and  they  can  allow 
more  if  they  will. 


36 


If  the  limit  of  two  dollars  is  not  reached  by  the  combined  state  and 
county  levies,  then  at  least  three-fourths  of  whatever  they  do  amount  to 
must  be  paid  over  for  schools;  and  in  that  case  the  commissioners  must 
make  an  additional  levy,  if  necessary,  to  continue  the  schools  four 
months. 

In  ascertaining  whether  the  limit  has  been  reached,  no  special  taxes 
for  special  purposes,  under  special  acts  of  assembly,  are  to  be  included 
in  the  calculation. 

Sec.  2591.  (As  amended  by  the  Laws  of  1889.)    School  committee  em- 
powered to  contract  with  teacher  of  private  school;  proviso. 

In  any  school  district  where  there  may  be  a  private  school, 
regularly  conducted  for  at  least  nine  months  in  the  year,  the 
school  committee  may  contract  with  the  teacher  of  such  pri- 
vate school  to  give  instruction  to  all  pupils  between  the  ages 
of  six  and  twenty-one  years  in  the  branches  of  learning 
taught  in  the  public  schools,  as  prescribed  in  this  chapter, 
without  charge  and  free  of  tuition ;  and  such  school  com- 
mittee may  pay  such  teacher  for  such  services  out  of  the 
public  school  funds  apportioned  to  the  district,  and  the 
agreement  as  to  such  pay  shall  be  arranged  between  the  com- 
mittee and  teacher :  Provided,  any  teacher  so  employed  shall 
obtain  a  first-grade  certificate  before  beginning  his  work,  and 
shall  from  time  to  time  make  such  reports  as  are  required  of 
other  public  school  teachers  under  this  chapter :  Provided 
further,  that  the  board  of  education  of  the  county  and  the 
county  superintendent  shall  have  the  same  authority  in 
respect  to  the  employment  and  dismissal  of  teachers  under 
this  section  and  in  every  other  respect  as  is  conferred  in  other 
sections  of  the  law :  And  provided  further,  that  all  contracts 
made  under  this  section  shall  designate  the  length  of  the 
public  school  term,  which  shall  not  be  less  than  the  average 
length  of  the  public  school  terms  of  the  county  of  the  pre- 
ceding year. 

NOTE. — This  section  is  intended  to  harmonize  the  public  and  the  pri- 
vate school  interests,  but  it  does  not  permit  the  pupils  of  any  one  district 
to  be  divided  among  the  different  private  schools  that  may  be  located 
within  its  limits.  The  general  law  provides  that  districts  must  be  laid 
off  and  definite  territorial  lines  established  and  a  public  school-house 


37 


provided,  at  which  all  the  pupils  withiil  such  lines  are  to  attend  school. 
If,  however,  the  committee  think  best,  they  can  employ  the  principal  of 
a  permanently  established  private  school  to  teach  all  the  pupils  of  the 
district,  following  the  spirit  and  the  letter  of  this  section. 

The  object  of  the  above  section  is  not  to  destroy  the  public  school,  but 
to  make  it  better. 

Sec.  2592.  Misdemeanor  to  wilfully  disturb  any  school,  etc. 

Every  person  who  shall  wilfully  interrupt  or  disturb  any 
public  or  private  school,  or  any  meeting  lawfully  and  peace- 
fully held  for  the  purpose  of  literary  and  scientific  improve- 
ment, either  within  or  without  the  place  where  such  meeting 
or  school  is  held,  or  injure  any  school  building,  or  deface 
any  school  furniture,  apparatus  or  other  school  property, 
shall  be  guilty  of  a  misdemeanor,  and  fined  not  exceeding 
fifty  dollars  or  imprisoned  not  more  than  thirty  days.  Any 
person  who  shall  wilfully  set  fire  to,  or  procure  the  same  to 
be  done,  any  school-house,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  punished  by  imprisonment  in 
the  penitentiary  or  county  jail,  and  may  also  be  fined  in  the 
discretion  of  the  court. 

Sec.  2598.  (is  amended  by  the  Laws  of  1885,  chapter  54,  Laws  of 
1893.)  State  superintendent  of  public  instruction  authorized  to 
employ  clerk;  bis  salary,  how  paid. 

The  state  superintendent  of  public  instruction  is  author- 
ized to  employ  a  clerk  at  a  salary  of  one  thousand  dollars 
per  annum,  which  shall  be  paid  monthly  by  the  state  treas- 
urer, on  the  warrant  of  the  auditor,  out  of  any  funds  which 
may  be  in  the  treasury  not  otherwise  appropriated. 

Sec.  652  of  The  Code,  as  amended  by  the  Laws  of  1889.  Commissioners 
and  county  boards  of  education  may  punish,  etc. 

The  board  of  commissioners  and  the  county  board  of  edu- 
cation of  each  county  shall  have  power  to  punish  for  con- 
tempt, for  any  disorderly  conduct  or  disturbance  tending  to 
interrupt  them  in  the  transaction  of  their  official  business. 


38 


Sec.  2654  of  The  Code,  as  amended  by  the  Laws  of  1889. 

In  every  township,  or  in  every  city  or  town,  one-third  of 
the  freeholders  therein  may  apply  by  petition,  in  writing,  to 
the  board  of  commissioners  of  the  county  in  which  said 
township,  city  or  town  is  situated,  asking  that  an  annual  tax 
be  levied  for  the  support  of  one  or  more  graded  schools 
therein,  whereupon,  on  or  before  the  next  regular  meeting  of 
said  board,  but  not  oftener  than  once  a  year,  they  shall  order 
that  the  question,  whether  such  tax  shall  be  levied,  be  sub- 
mitted to  the  vote  of  the  qualified  voters  of  such  township, 
city  or  town,  at  the  different  wards  and  election  precincts 
therein,  as  prescribed  in  the  chapter  entitled  "  Elections 
regulated." 

Sec.  2655. 

In  case  a  majority  of  the  qualified  voters  at  such  election 
are  in  favor  of  such  tax,  the  same  shall  be  levied  and  appro- 
priated in  such  township,  city  or  town,  in  the  manner  pre- 
scribed for  the  levying  and  appropriation  of  other  school 
taxes:  Provided,  that  the  taxes  so  levied  and  collected  shall 
in  no  case  exceed  one-tenth  of  one  per  centum  on  the  value 
of  property  and  thirty  cents  on  the  poll. 

NOTE. — It  is  hoped  that  many  communities  will  avail  themselves  of 
the  provisions  of  the  above  sections. 


39 


SECTIONS  12  AND  13  OF  CHAPTER  214,  LAWS  OF  1893,  is  PUB- 
LISHED BELOW  FOR  THE  INFORMATION  OF  THE  PUBLIC  AND 
THE  GUIDANCE  OF  PUBLIC  SCHOOL  OFFICERS. 

SECTION  12.  The  county  superintendents  of  health,  or  the 
board  of  health  in  the  several  cities  and  towns  where  organ- 
ized, otherwise  the  authorities  of  said  cities  or  towns,  shall 
cause  a  record  to  be  kept  of  all  reports  received  in  pursuance 
of  the  preceding  sections,  and  such  records  shall  contain  the 
names  of  all  persons  who  are  sick,  the  localities  in  which 
they  live,  the  diseases  with  which  they  are  affected,  together 
with  the  date  and  names  of  all  persons  reporting  any  such 
cases.  The  boards  of  health  of  cities  and  towns  wherever 
organized,  and  where  not  the  mayors  of  the 'same,  and  in 
other  cases  the  county  superintendent  of  health,  shall  give 
the  school  committee  of  the  city  or  town,  the  principals  of 
private  schools  and  the  superintendent  of  public  instruction 
of  the  county,  when  the  schools  are  in  session,  notice  of  all 
such  cases  of  contagious  diseases  reported  to  them  according 
to  the  provisions  of  this  act.  A  failure  to  perform  this  duty 
for  twenty-four  hours  after  the  receipt  of  the  notice  shall  be 
deemed  a  misdemeanor,  and  subject  the  delinquent  upon 
conviction  to  a  fine  of  not  less  than  ten  nor  more  than  fifty 
dollars. 

SEC.  13.  The  school  committees  of  public  schools,  superin- 
tendents of  graded  schools  and  the  principals  of  private 
schools  shall  not  allow  any  pupil  to  attend  the  school  under 
their  control  while  any  member  of  the  household  to  which 
said  pupil  belongs  is  sick  of  either  small-pox,  diphtheria, 
measles,  scarlet  fever,  yellow  fever,  typhus  fever  or  cholera, 
or  during  a  period  of  two  weeks  after  the  death,  recovery  or 
removal  of  such  sick  person ;  and  any  pupil  coming  from 
such  household  shall  be  required  to  present  to  the  teacher 
of  the  school  the  pupil  desires  to  attend  a  certificate  from  the 
attending  physician,  city  health  officer  or  county  superin- 
tendent of  health  of  the  facts  necessary  to  entitle  him  to 


40 


admission  in  accordance  with  the  above  regulations.  A 
wilful  failure  on  the  part  of  any  school  committee  to  perform 
the  duty  required  in  this  section  shall  be  deemed  a  misde- 
meanor, and  upon  conviction  shall  subject  each  and  every 
member  of  the  same  to  a  fine  of  not  less  than  one  nor  more 
than  twenty -five  dollars:  Provided,  that  the  instructions  in 
•accordance  with  the  provisions  of  this  section  given  to  the 
teachers  of  the  schools  within  twenty-four  hours  after  the 
receipt  of  each  and  every  notice  shall  be  deemed  performance 
of  duty  on  the  part  of  the  school  committee.  Any  teacher  of 
a  public  school  and  any  principal  of  a  private  school  failing 
to  carry  out  the  requirements  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined 
not  less  than  one  nor  more  than  twenty-five  dollars. 


SECTIONS  OF  CHAPTER  174,  LAWS  OF  1885,  WHICH  ARE  NOT 
EMBODIED  IN  THE  SECTIONS  OF  THE  CODE  AS  FEINTED  IN 
THIS  PAMPHLET. 

SECTION  24.  The  principal  or  superintendent  of  every 
school  supported  in  whole  or  part  by  public  funds  shall 
report  to  the  state  superintendent  at  such  time  and  in  such 
form  as  he  may  direct. 

SEC.  25.  (As  amended  by  section  18,  chapter  199,  Laws  1889.) 
The  treasurer  of  the  county  board  of  education  shall,  on  the 
last  Saturday  of  each  month,  attend  at  the  office  of  the  county 
board  of  education  for  the  purpose  of  paying  school  orders 
{provided,  that  in  those  counties  where  the  sheriff  is  ex-officio 
treasurer  of  the  county  he  shall  not  be  required  to  attend  his 
office  on  the  last  Saturday  in  each  month);  but  this  shall  not 
be  construed  to  prevent  the  payment  of  orders  at  other  times; 
and  he  shall  be  allowed  for  compensation  as  treasurer  of  the 
school  fund  such  sum  as  the  board  of  education  may  allow 
him,  not  to  exceed  two  per  centum  of  his  vouchers  paid  on 
orders  of  school  committees. 


41 


SEC.  26.  (As  amended  by  section  17,  chapter  199,  Laws  1889.) 
No  contracts  for  teachers'  salaries  shall  be  made  during  any 
fiscal  year  for  a  larger  amount  of  money  than  is  actually  to 
the  credit  of  the  respective  districts  for  that  year,  and  no 
committee  shall  give  an  order  unless  the  money  to  pay  it  is 
actually  to  the  credit  of  the  district. 

SEC.  27.  The  secretary  of  state  shall  furnish  a  copy  of  The 
Code  and  of  the  laws  to  each  county  board  of  education. 

SEC.  28.  No  change  of  districts  shall  be  made  until  full 
information  is  laid  before  the  county  board  of  education, 
showing  the  shape,  size,  boundaries  and  school  population 
of  all  the  districts  affected  by  the  change.  Unless  for  extra- 
ordinary geographical  reasons,  no  change  of  district  lines 
shall  be  made  that  will  constitute  any  district  with  less  than 
sixty-five  children  of  school  age ;  and  the  county  board  shall 
provide,  as  far  as  practicable,  that  no  district  shall  contain 
less  than  that  number  of  children  of  school  age.  The  county 
board  shall  furnish  plans  and  require  the  committees  to  con- 
struct comfortable  houses,  with  a  view  to  permanency  and 
enlargement  as  the  increasing  population  may  demand.  The 
county  board  shall,  in  all  matters,  obey  the  requirements  of 
the  state  board  of  education  and  the. state  superintendent. 

NOTE. — This  section  does  not  require  the  counties  to  be  redistricted. 
If  changes  of  district  lines  are  made,  however,  full  information  must  be 
laid  before  the  board  to  enable  them  to  act  intelligently.  In  making 
new  districts  or  changing  lines,  no  district  can  be  made,  or  left,  with 
less  than  sixty-five  children  of  school  age,  unless  on  account  of  extraor- 
dinary geographical  reasons,  such  as  the  intervention  of  dangerous  rivers 
or  creeks;  the  large  territory  that,  in  some  sparsely  populated  sections, 
would  be  required  to  include  sixty-five  pupils,  etc. 

Let  the  county  boards  of  education,  the  committees  and  the  people 
work  together,  in  the  respective  counties,  to  build  comfortable  houses, 
furnish  them  well,  and  make  their  location  permanent;  then  our  system 
will  be  much  more  effective  for  good. 


42 


CHAPTER  199,  LAWS  1889. 

(Sections  are  omitted  which  are  embodied  in  the  sections  of  The  Code 
as  printed  in  this  pamphlet.) 

m 

SECTION  1.  That  the  fiscal  school  year  shall  begin  on  the 
first  day  of  July  and  close  on  the  thirtieth  day  of  June  next 
succeeding. 

SEC.  2.  That  the  term  of  office  of  the  county  boards  of 
education  holding  office  at  the  date  of  the  passage  of  this  act 
shall  expire  on  the  thirtieth  day  of  June,  eighteen  hundred 
and  eighty-nine  (1889),  and  thereafter  the  regular  term  of 
office  of  these  boards  shall  begin  on  the  first  day  of  July  and 
be  two  years ;  but  the  boards  shall  hold  until  their  successors- 
are  elected  and  qualified. 

SEC.  3.  That  the  term  of  office  of  the  county  superinten- 
dents holding  office  at  the  date  of  the  passage  of  this  act  shall 
expire  on  the  thirtieth  day  of  June,  eighteen  hundred  and 
ninety,  and  after  that  date  the  terms  of  office  of  the  superin- 
tendents shall  be  two  years  from  the  first  day  of  July  of  the 
year  of  their  election;  but  the  superintendents  shall  hold 
office  until  their  successors  are  elected  and  qualified. 

SEC.  4.  That  the  bond  of  the  treasurer  of  the  county  board 
of  education  shall  be  approved  by  the  board  of  county  com- 
missioners, and  they  shall  bring  action  for  any  breach, 
thereof,  and  on  their  failure  to  bring  such  action,  it  may  be 
brought  by  the  county  board  of  education,  or  in  the  name 
of  the  state  on  the  relation  of  any  tax-payer.  The  said  bond 
shall  be  separate,  not  including  liabilities  for  other  funds, 
and  shall  be  in  double  the  amount  of  school  funds  which  he 
may  receive  or  which  were  received  by  his  predecessor  dur- 
ing the  previous  year. 

SEC.  5.  That  the  treasurer  shall  balance  his  accounts  on 
the  thirtieth  day  of  June,  instead  of  on  the  thirtieth  day  of 
November,  as  now  required  by  section  two  thousand  five 
hundred  and  fifty-six  of  The  Code. 


43 


SEC.  6.  That  section  two  thousand  five  hundred  and  fifty- 
eight  of  The  Code  is  repealed. 

SEC.  8.  That  whenever  the  sheriff  or  other  collecting  officer 
pays  over  moneys  to  the  treasurer  of  the  board  of  education, 
he  shall  designate  the  items  as  indicated  in  section  two 
thousand  five  hundred  and  sixty  of  The  Code,  as  amended 
by  this  act,  and  these  items  shall  be  stated  in  the  receipts 
given  by  the  treasurer. 

SEC.  9..  That  the  auditor  of  the  state  shall  include  on  the 
form  which  he  furnishes  to  the  board  of  county  commis- 
sioners, and  on  which  the  tax-lists  are  to  be  made  out,  sepa- 
rate columns  for  school  poll-tax  and  .school  property  tax,  in 
one  of  which  columns  shall  be  entered  the  total  poll-tax 
levied  by  the  general  assembly  and  the  county  authorities 
for  schools  due  by  each  tax-payer,  and  in  the  other  the  total 
property  tax  levied  by  the  general  assembly  and  the  county 
authorities  for  schools  due  by  each  tax-payer.  The  auditor's 
form  shall  likewise  show,  in  separate  columns,  the  white  and 
colored  polls,  and  in  separate  columns  the  property  of  whites 
and  colored,  and  the  list- taker's  form  shall  be  arranged 
accordingly. 

SEC.  10.  That  partial  third-grade  certificates  are  hereby 
abolished.  No  examination  of  teachers  shall  be  held  on  days 
other  than  those  named  in  the  school  law  for  that  purpose, 
unless  the  applicant  was  prevented  from  attending  at  the 
regular  time  on  account  of  sickness,  or  unless  the  school 
interests  would,  in  the  judgment  of  the  superintendent,  suffer 
by  delaying  the  examination  to  the  regular  day;  and  for 
each  examination  not  made  on  the  regular  days  the  appli- 
cant shall  pay  the  superintendent  one  dollar  ($1.00),  which 
shall  be  turned  over  to  the  treasurer  and  placed  to  the  credit 
of  the  general  school  fund  of  the  county. 

SEC.  11.  That  for  immoral  conduct  or  other  conduct  unbe- 
coming a  teacher,  the  county  superintendent  shall  have 
power  to  revoke  any  certificate  given  by  a  county  superin- 
tendent; and  for  the  same  cause,  and  for  other  causes  dam- 


44 


aging  to  the  school  interests,  and  satisfactory  to  himself,  he 
may,  with  the  approval  of  the  chairman  of  the  board  of 
education,  discontinue  any  school  and  pay  the  teacher  to  the 
date  of  such  discontinuance. 

SEC.  12.  That  teachers  may  be  qualified  to  their  orders  by 
any  person  authorized  to  administer  an  oath. 

SEC.  13.  That  the  report  of  the  county  superintendent  to 
the  state  superintendent,  now  required  to  be  made  on  the 
first  Monday  in  December,  shall  be  made  on  the  first  Mon- 
day in  July. 

SEC.  14.  That  the  census  now  required  to  be  taken  on  or 
before  the  first  day  of  November  shall  be  taken  on  or  before 
the  first  day  of  June,  and  on  failure  to  receive  it  before  the 
first  Monday  in  July,  the  county  superintendent  shall  take 
the  census  of  the  preceding  year  as  the  basis  of  his  report  to 
the. state  superintendent. 

SEC.  19.  That  on  the  first  Monday  of  July  the  board  of 
education,  county  superintendent,  and  treasurer  shall  meet 
at  the  ofiice  of  the  board  and  settle  all  the  business  of  the 
preceding  fiscal  year.  The  board  shall,  on  that  day,  examine 
the  reports  of  the  treasurer  and  county  superintendent,  which 
are  required  to  be  made  to  the  state  superintendent,  and,  if 
found  correct,  shall  direct  them  to  be  forwarded. 

SEC.  20.  That  should  any  day  specified  in  this  act  on  which 
any  duty  should  be  performed  fall  on  Sunday,  such  duty 
shall  be  performed  on  the  day  following. 

SEC.  21.  That  the  register  of  deeds  shall  furnish  to  the 
board  of  education,  as  soon  as  the  tax-lists  are  made  out,  an 
abstract  of  said  lists,  showing,  in  separate  columns,  the  total 
amount  of  poll-tax  borne  on  said  lists,  and  also  the  total 
amount  of  property  tax  borne  on  the  same,  and  shall  furnish 
such  other  information  from  his  ofiice  as  the  county  board  of 
education  may  from  time  to  time  require. 

SEC.  22.  That  the  books  recommended  by  the  state  board 
of  education,  in  accordance  with  section  two  thousand  five 
hundred  and  thirty-nine,  shall  be  used  in  all  public  schools 


45 


of  the  state,  and  the  state  board  of  education  shall  have  dis- 
cretion to  recommend  more  than  one  series  on  such  subjects 
as  they  may  deem  it  desirable. 

SEC.  24.  That  as  far  as  practicable  the  county  board  shall 
require  all  schools  to  be  in  session  at  the  same  time,  and  no 
school  shall  be  in  session  at  the  close  of  the  fiscal  year. 

SEC.  26.  That  if  the  term  of  office  of  any  treasurer  shall 
expire  on  the  thirtieth  day  of  November  during  any  fiscal 
school  year,  or  if  for  any  reason  he  shall  hold  office  beyond 
the  thirtieth  of  November  and  not  for  the  whole  of  the  cur- 
rent fiscal  school  year,  he  shall,  at  the  time  he  goes  out  of 
office,  file  with  the  county  board  of  education  and  with  his 
successor  a  report,  itemized  as  required  by  section  2560  of 
The  Code  as  amended  by  this  act,  covering  the  receipts  and 
disbursements  for  that  part  of  the  fiscal  school  year  from  the 
thirtieth  of  June  preceding  to  the  time  at  which  he  turns 
over  the  office  to  his  successor,  and  his  successor  shall  include 
in  his  report  to  the  state  superintendent  the  receipts  and  dis- 
bursements for  the  current  fiscal  school  year. 

SEC.  27.  That  each  treasurer  of  the  county  board  of  educa- 
tion, on  going  out  of  office,  shall  deposit  in  the  office  of  the 
board  of  education  of  his  county  his  books  in  which  are  kept 
his  school  accounts,  and  all  records  and  blanks  pertaining  to 
his  office. 

SEC.  38.  The  clerks  of  all  criminal  courts  shall  furnish r 
immediately  upon  the  close  of  the  term,  to  the  board  of 
education  of  the  county  a  detailed  statement  of  fines,  forfeit- 
ures and  penalties  which  go  to  the  school  fund  that  have 
been  imposed  or  which  have  accrued  during  the  terms.  Any 
clerk  failing  to  comply  with  the  duties  herein  prescribed 
shall  be  guilty  of  a  misdemeanor,  and  shall,  upon  conviction, 
be  fined  or  imprisoned  at  the  discretion  of  the  court. 

SEC.  39  That  the  county  board  of  education  are  author- 
ized to  purchase  fuel  and  stationery,  and  to  pay  other  neces- 
sary expenses  which  they  may  incur  in  the  discharge  of  their 
official  duties. 


46 


SEC.  40.  That  the  conductor  of  any  county  institute,  acting 
with  the  county  superintendent,  may  hold  examinations  and 
grant  first-grade  certificates,  which  shall  be  signed  by  both, 
and  shall  be  valid  for  three  years,  subject  to  revocation  by 
the  chairman  of  the  board  of  education  and  county  superin- 
tendent of  any  county  for  immorality,  incompetency  and 
other  reasons  satisfactory  to  themselves,  of  which  they  shall 
be  the  judges,  and  such  certificates  may  be  made  valid  in 
any  county  by  indorsement  of  the  superintendent  thereof. 

SEC.  41.  That  in  addition  to  the  requirement  for  obtaining 
a  first-grade  certificate,  as  now  provided  by  .section  2566  of 
The  Code,  as  amended  by  Laws  of  1885,  the  applicant  must, 
from  and  after  one  year  from  the  ratification  of  this  act, 
stand  a  satisfactory  examination  upon  some  books  on  school 
economy  and  theory  and  practice  of  teaching,  to  be  selected 
by  the  state  superintendent  of  public  instruction. 

NOTE. — The  superintendent  has  selected  Page's  Theory  and  Practice 
of  Teaching  in  compliance  with  this  section.  See  Appendix  for  arrange- 
ments for  purchasing  the  book. 

SEC.  42.  That  in  determining  the  right  of  any  child  to 
attend  the  white  or  colored  schools,  the  rule  laid  down  in 
;seclion  1810  of  The  Code,  regulating  marriages,  shall  be 
followed. 

SEC.  47.  By  and  with  the  consent  of  the  county  board  of 
education,  the  committees  of  two  or  more  contiguous  dis- 
tricts in  any  city  or  town  may,  by  a  majority  vote  of  the 
committee  in  each  district,  employ  a  practical  teacher,  who 
shall  be  known  as  the  superintendent  of  the  public  schools 
of  said  districts,  and  he  shall  perform  all  the  duties  of  the 
county  superintendent  as  to  said  districts,  and  shall  make  to 
the  county  superintendent  all  reports  that  may  be  necessary 
to  enable  him  to  make  his  reports  to  the  state  superintendent. 

SEC.  48.  That  all  laws  and  clauses  of  laws  inconsistent 
with  the  provisions  of  this  act  are  hereby  repealed. 

SEC.  49.  That  this  act  shall  be  in  force  from  and  after  its 
.ratification. 

Ratified  the  llth  day  of  March,  A.  D.  1889. 


47 


CHAPTER  200,  LAWS  1889. 

AN  ACT  TO  ABOLISH  THE  WHITE  NORMAL  SCHOOLS  OF  THE 
STATE,  AND  TO  PROVIDE  FOR  HOLDING  COUNTY  INSTI- 
TUTES THROUGHOUT  THE  STATE. 

The  General  Assembly  of  North  Carolina  do  enact  : 

SECTION  1.  That  the  eight  normal  schools  heretofore  estab- 
lished for  the  whites  are  hereby  abolished,  and  the  four 
thousand  dollars  ($4,000)  heretofore  appropriated  to  said 
schools  is  hereby  appropriated  for  the  purpose  of  holding 
county  institutes  and  conducting  examinations  of  teachers, 
and  for  such  other  work  for  the  instruction  of  teachers  as 
may  be  deemed  advisable  in  the  various  counties  of  the  state. 
SEC.  2.  That  the  state  board  of  education  shall  make  all 
needful  rules  and  regulations,  and  shall  provide  for  the  hold- 
ing of  the  institutes  in  all  the  counties  of  the  state  as  often 
as  practicable,  and  the  money  to  defray  expenses  shall  be 
paid  as  the  said  state  board  of  education  may  direct  out  of 
the  fund  appropriated  by  this  act. 

NOTE. — The  four  thousand  dollars  appropriated  by  sections  1  and  2, 
above,  was  by  section  8  of  chapter  139,  Laws  of  1891,  taken  from  the 
maintenance  of  the  institute  work  provided  for  in  this  chapter  and 
applied  to  the  support  of  "  The  Normal  and  Industrial  School,"  for 
white  girls,  at  Greensboro,  N.  C.  Hence,  the  institute  work  cannot  be 
prosecuted  under  this  chapter,  except  by  such  funds  as  may  be  donated 
for  the  purpose  by  the  general  agent  of  the  Peabody  fund,  or  by  others 
so  disposed.  When  so  donated  and  conductors  are  appointed,  the  gen- 
eral provisions  of  this  chapter  are  applicable,  and  counties  in  which 
institutes  may  be  held  are  bound  by  the  provisions  of  this  chapter. 

SEC.  3.  It  shall  be  the  duty  of  the  county  superintendent 
to  assist  in  the  institute  work,  and  the  county  board  of  edu- 
cation shall  provide  a  suitable  building  and  defray  all 
expenses  except  the  salary  and  traveling  expenses  of  the 
instructors  employed  by  the  state  board. 

SEC.  4.  It  shall  be  the  duty  of  all  white  public  school 
teachers  of  the  county  in  which  the  institute  is  held  to  attend 
continuously  the  sessions  of  said  institute,  and  on  failure  so 


48 

to  do,  without  satisfactory  reasons,  they  shall  not  be  certified 
as  teachers  for  the  ensuing  year;  and  in  case  an  institute  is 
held  while  the  schools  are  in  session  in  any  county,  they  shall 
be  suspended  during  the  session  of  the  institute. 

SEC.  5.  At  the  close  or  during  the  sessions  of -every  insti- 
tute, the  conductor  thereof,  in  connection  with  the  county 
superintendent,  shall  hold  written  examinations  of  all  public 
school  teachers,  white  and  colored,  who  may  apply,  and  shall 
grant  first  and  second  grade  certificates,  which  shall  be  signed 
by  both  and  be  good  for  three  years  in  the  county  in  which 
the  institute  is  held,  and  in  any  other  county  of  the  state, 
when  endorsed  by  the  county  superintendent  thereof;  but 
the  said  certificates  shall  be  subject  to  revocation  by  any 
county  superintendent  for  immoral  conduct. 

SEC.  6.  The  state  superintendent  may,  in  his  discretion, 
send  out  from  his  office  questions  for  the  examinations  of 
teachers,  which,  when  sent,  shall  be  used  by  the  county 
superintendents  in  their  regular  examinations,  as  specified 
in  the  public  school  law. 

SEC.  7.  This  act  shall  be  in  force  from  and  after  its  ratifi- 
cation. 

Ratified  the  llth  day  of  March,  A.  D.  1889. 


CHAPTER  169,  LAWS  1891. 

AN  ACT  TO  PROVIDE  FOR  THE  STUDY  OF  THE  NATURE  OF 
ALCOHOLIC  DRINKS  AND  NARCOTICS,  AND  OF  THEIR 
EFFECT  UPON  THE  HUMAN  SYSTEM,  IN  THE  PUBLIC 
SCHOOLS. 

The  General  Assembly  of  North  Carolina  do  enact: 

SECTION  1.  That  the  nature  of  alcoholic  drinks  and  nar- 
cotics and  special  instruction  as  to  their  effect  upon  the 
human  system  in  connection  with  the  several  divisions  of  the 
subject  of  physiology  and  hygiene  shall  be  included  in  the 
branches  of  study  taught  in  the  common  or  public  schools 
in  the  State  of  North  Carolina,  and  shall  be  studied  and 


49 


taught  as  thoroughly  and  in  the  same  manner  as  other  like 
required  branches  are  in  said  schools,  by  the  use  of  text- 
books in  the  hands  of  the  pupils,  and  orally  in  case  of  pupils 
unable  to  read,  and  shall  be  taught  by  all  teachers  and 
studied  by  all  pupils  in  all  schools  in  this  state  supported 
wholly,  or  in  part,  by  public  money. 

SEC.  2.  That  the  text-books  used  for  the  instruction  to  be 
given  in  the  preceding  section  for  primary  and  intermediate 
grades  shall  give  at  least  one-fourth  of  their  space  to  the 
consideration  of  the  nature  and  effect  of  alcoholic  drinks  and 
narcotics,  and  the  text-books  used  in  the  higher  grades  of 
the  public  schools  shall  give  at  least  twenty  pages  to  the 
consideration  of  this  subject. 

SEC.  3.  That  no  certificate  to  teach  in  the  public  schools 
in  this  state  shall  hereafter  be  granted  to  any  applicant  who 
has  not  passed  a  satisfactory  examination  in  the  study  of  the 
nature  of  alcoholic  drinks  and  narcotics,  and  of  their  effect 
upon  the  human  system  in  connection  with  the  several 
divisions  of  the  subject  of  relative  physiology  and  hygiene. 

SEC.  4.  That  it  shall  be  the  duty  of  the  proper  officers  in 
control  of  any  school  described  in  the  first  section  of  this  act 
to  enforce  the  provisions  of  this  act,  and  any  such  officer, 
school  director,  committee,  superintendent,  or  teacher  who 
shall  refuse  or  neglect  to  comply  with  the  requirements-  of 
this  act,  or  shall  neglect  or  fail  to  make  proper  provisions  for 
the  instruction  required  and  in  the  manner  specified  by  this 
act  for  all  pupils  in  each  and  every  school  under  his  control 
and  supervision  shall  be  removed  from  office,  and  the  vacancy: 
filled  as  in  other  cases. 

• 

SEC.  5.  That  this  act  shall  be  in  force  and  take  effect  from 
and  after  the  first  day  of  August,  1891. 

In  the  general  assembly  read  three  times,  and  ratified  this 
the  27th  day  of  February,  1891. 

NOTE. — The  county  superintendents  will  examine  the  teachers  as 
required  by  this  statute  and  issue  certificates  upon  the  same  basis  of 
grading  as  is  required  by  the  general  law  as  to  other  branches. 

4 


CHAPTER  372,  LAWS  1893. 

AN  ACT  TO  CERTIFY  AS  TEACHERS  IN  THE  PUBLIC  SCHOOLS 
OF  THE  STATE  THE  GRADUATES  OF  PEABODY  NORMAL 
COLLEGE  OF  NASHVILLE,  TENNESSEE. 

The  General  Assembly  of  North  Carolina  do  enact  : 

SECTION  1.  That  the  graduates  from  Peabody  Normal  Col- 
lege, Nashville,  Tennessee,  in  the  degree  of  Licentiate  of 
Instruction,  and  any  higher  degrees  conferred  by  said  insti- 
tution, shall  be  recognized  in  this  state  as  certified  for  life  as 
teachers  in  any  and  all  public  schools. 

SEC.  2.  That  this  privilege  is  subject  to  revocation  by  the 
state  superintendent  of  public  instruction,  or  by  the  state 
board  of  education,  at  his  or  their  discretion,  for  cause. 

SEC.  3.  That  this  act  shall  be  in  force  from  and  after  its 
ratification. 

Ratified  the  6th  day  of  March,  A.  D.  1893. 

NOTE. — Any  conduct  which  would  be  good  cause  for  revoking  a  cer- 
tificate granted  to  a  teacher  by  a  county  superintendent  of  public 
instruction,  .would  be  good  cause  for  revoking  the  privilege  granted  by 
this  act.  Any  county  superintendent  or  county  board  of  education 
having  knowledge  of  such  conduct  by  any  graduate  of  said  college, 
teaching  in  the  state,  will  report  -the  same,  with  proper  proofs,  to  the 
state  superintendent,  or  to  the  state  board  of  education. 


51 


CHAPTER  69,  LAWS  1893. 

AN  ACT  TO  REQUIRE  THE  COUNTY  SUPERINTENDENTS  OF 
PUBLIC  INSTRUCTION  TO  SECURE  INFORMATION  AS  TO  THE 
NUMBER  OF  DEAF,  DUMB  AND  BLIND  CHILDREN  IN  THEIR 
RESPECTIVE  COUNTIES. 

The  General  Assembly  of  North  Carolina  do  enact  : 

SECTION  1.  That  it  shall  be  the  duty  of  the  county  super- 
intendent of  public  instruction  to  require  of  the  school  com- 
mittee of  th*e  various  school  districts  in  enumerating  the 
number  of  school  children,  to  make  a  statement  in  the  report 
of  the  number  of  deaf,  dumb  and  blind  between  the  ages  of 
six  and  twenty-one  years,  designating  the  race  and  sex,  and 
the  address  of  the  parent  or  guardian  of  said  children ;  and 
the  county  superintendents  of  public  instruction  are  hereby 
required  to  furnish  such  information  to  the  principals  of  the 
deaf,  dumb  and  blind  institutions,  and  the  superintendent 
of  public  instruction,  in  preparing  blanks  as  directed  in  The 
Code,  section  three  thousand  three  hundred  and  seventy, 
shall  include  questions  and  answers  to  which  will  furnish 
the  information  aforesaid. 

'  SEC.  2.  That  this  act  shall  be  in  force  from  and  after  its 
ratification. 

Ratified  the  2d  day  of  February,  A.  D.  1893. 


APPENDIX— LIST  OF  TEXT-BOOKS,  ETC. 


Section  2539  of  the  school  law  requires  the  state  board  of  education  to 
recommend  a  series  of  text-books  to  be  used  in  the  public  schools  for  a 
term  of  three  years  and  until  otherwise  ordered ;  and  section  22,  chapter 
199,  Laws  1889,  makes  the  use  of  the  books  so  recommended  compulsory 
in  all  the  public  schools  of  the  state. 

The  contracts  with  the  publishers  require  them  to  furnish  the  books  to  . 
pupils  at  the  cash  retail  price  given  opposite  each  book  mentioned  in  the 
list  below,  and  to  make  convenient  arrangements  to  keep  them  for  sale 
in  all  the  counties. 

The  following  is  the  list  as  now  revised,  with  the  names  of  the  pub- 
lishers : 

UNIVERSITY  PUBLISHING  oo.  Contract 

Price. 

Holmes'  First  Reader,  new  edition $  .15 

Holmes'  Second  Reader,  new  edition 25 

Holmes'  Third  Reader,  new  edition 40 

Holmes'  Fourth  Reader,  new  edition 50 

Holmes'  Fifth  Reader,  new  edition _ .72 

Holmes'  New  History  of  the  U.  S 1.00 

Maury's  Elementary  Geography 55 

Maury's  Revised  Manual  of  Geography,  N.  C.  edition 1.25 

Maury's  Revised  Pysical  Geography 1.20 

Sanford's  Primary  Analytical  Arithmetic _     .20 

Sanford's  Intermediate  Analytical  Arithmetic 86 

Sanford's  Common  school  Analytical  Arithmetic 64 

Sanford's  Higher  Analytical  Arithmetic 85 

Sanford's  Elementary  Algebra 1.00 

THE  J.   B.    LIPPINCOTT  CO. 

Worcester's  Primary  Dictionary .  _ 48 

Worcester's  New  School  Dictionary _ _     .80 

Worcester's  Comprehensive  Dictionary _  1.40 

Worcester's  Academic  Dictionary _ 1.50 

Worcester's  Octavo  Dictionary _  3.40 

E.   H.   BUTLER  &  CO. 

Goodrich's  Child  History  U.  S 60 

THE  BAKER  &  TAYLOR    CO. 

Stephens'  History  of  the  U.  S. _.  1.08 

AMERICAN    BOOK  CO. 

McGuffey's  Revised  Eclectic  Primer 10 

Harvey's  Revised  Elementary  Grammar  and  Composition _     .45 

Harvey's  Revised  English  Grammar .70 

Eclectic  Copy-Books  (Elementary).     Per  doz 80 

Eclectic  Copy-Books.     Per  doz 1.08 

Swinton's  Language  Primer _ 28 


54 


Harrington's  Spelling-Book J $  .20 

Harper's  New  Graded  Copy-Books.    Primary.    7  Nos.   Per  doz.  .80 

Gram.  Sch'l.  8  Nos.          "        ....   1.08 

Steele's  Abridged  Physiology 50 

Webster's  Primary  Dictionary .48 

Webster's  Common  School  Dictionary 72 

Webster's  High  School  Dictionary 1 98 

Webster's  Academic  Dictionary ._ 1.50 

Webster's  Counting-House  Dictionary 2.50 

James'  Southern  Selections L 1.10 

Page's  Theory  and  Practice  of  Teaching 1.00 

A.   WILLIAMS  &  CO. 

North  Carolina  Speaker.     Cloth 50 

"  "  "  Paper .40 

The  North  Carolina  Spelling-Book 20 

Williams'  Beginner's  Reader .15 

Mrs.  Spencer's  First  Steps  in  N.  C.  History .75 

Moore's  History  of  N.  C 85 

North  Carolina  Writing-Books.    Per  doz. 1.00 

LEACH,   SHE  WELL  &  SANBORN. 

Brand's  Good  Health  for  Children _     .20 

Brand's  Health  Lessons  for  Beginners 28 

Cobb's  North  Carolina  Wall  Map  is  recommended  to  committees  who 
may  desire  to  purchase  a  map  under  the  provisions  of  section  2555  of 
the  school  law.  It  can  be  obtained  of  Messrs.  A.  Williams  &  Co., 
Raleigh,  N.  C.,  at  $4. 50. 

The  publishers  of  Harvey's  Grammars  and  of  Harrington's  Speller 
have  agreed  to  take  from  the  merchants  all  of  Reed  &  Kellogg's  Gram- 
mars and  of  Webster's  Spellers  that  are  in  good  condition,  and  put  in 
their  place  Harvey's  Grammars  and  Harrington's  Spellers;  and  also  to 
make  reasonable  exchange  rates  for  the  old  books  that  are  in  the  hands 
of  the  children.  The  county  board  of  education,  the  county  superinten- 
dent and  the  teachers  will  be  expected  to  use  all  proper  means  to  have 
the  list-books  used. 

Uniformity  will  save  much  of  the  time  of  the  teachers  and  will  enable 
them  to  advance  their  pupils  much  faster.  Our  school  terms  are  very 
short,  but  uniformity  of  text-books  will  help  much  to  make  the  schools 
efficient.  For  these  and  other  reasons  the  general  assembly  have  enacted 
that  the  books  on  the  list  "  shall  be  used  in  all  the  public  schools  of  the 
state." 

The  publishers  have  arranged  to  put  the  list-books  on  sale  with  the 
University  Publishing  Co.,  66  and  68  Duane  street,  New  York,  so  that 
merchants  can  order  all  from  one  house  with  less  trouble  than  if  they 
were  obliged  to  order  separately  from  each  house  represented  on  the  list. 

A  reasonable  profit  to  merchants  is  provided  for  on  condition  that  they 
buy  for  cash  and  sell  to  the  children  at  the  list  contract  price  for  cash, 
and  the  University  Publishing  Co.  will  furnish  blanks  for  the  conveni- 


55 


ence  of  the  merchants  in  making  orders.  The  boards  of  education  and 
the  county  superintendents  should  secure  book-dealers  in  the  different 
sections  of  their 'counties,  so  that  the  books  may  be  within  easy  reach  of 
the  children, 

Messrs.  A.  Williams  &  Co.,  Raleigh,  N.  C.,  have  aLso  agreed  to  sell  the 
books  to  dealers  on  favorable  terms,  and  they  will  also  furnish  order 
blanks. 

"The  North  Carolina  Spelling-Book"  and  "Williams'  Reader  for 
Beginners,"  published  by  Alfred  Williams  &  Co.,  Raleigh,  N.  C.,  were 
adopted  with  the  understanding  that  the  publishers  did  not  wish  these 
books  to  displace  any  books  on  the  state  list,  and  did  not  wish  to  have 
the  school  law  requiring  the  use  of  books  recommended  by  the  state 
board  of  education  to  be  enforced  as  to  the  "  North  Carolina  Spelling- 
Book  "  and  "  Williams'  -Reader  for  Beginners,"  but  they  desired  that  any 
teacher  who  found  a  place  for  these  books  in  a  public  school  might  have 
permission  to  use  them  in  such  place  and  not  to  displace  other  books. 
They  agreed  to  place  the  books  in  the  depository  with  the  University 
Publishing  Co.,  New  York,  at  the  prices  named  in  the  list. 

It  will  therefore  be  convenient  to  obtain  the  books,  and  a  reasonable 
profit  being  provided,  there  ought  to  be  no  difficulty  in  securing  mer- 
chants to  keep  them  on  sale. 


32' 


I 


This  diagram  shows  the  plan  and  size  of  a  convenient  school-room  for 
$0  pupils  seated  at  double  desks.  The  school-room  proper  is  32  feet  by 
29  feet. 

A  full-sized  double  desk  occupies  a  floor  space  equal  to  4  feet  in  front 
by  2i  feet  in  rear.  The  side  aisles  are  3$  feet  wide;  inside  aisles  2  feet; 
rear  aisle  3^  feet. 


56 


Double  desks  should  be  placed  in  every  school-house.  If  the  money  is 
not  in  hand  to  purchase  such  as  are  offered  by  dealers  in  school  furni- 
ture, very  inexpensive  ones  can  be  made  out  of  boards  by  any  carpenter. 
Every  pupil  should  not  only  have  a  comfortable  seat,  but  every  seat 
ought  to  have  attached  to  it  a  writing-desk  and  a  shelf  for  books. 

The  plan  of  the  house  is  easily  understood,  and  bill  of  lumber  can  be 
made  out  by  any  workman.  It  contemplates  five  (5)  windows  in  main 
room  and  two  in  the  vestibule. 

C  represents  location  of  chimney. 

D  represents  location  of  doors. 

T  represents  location  of  teacher. 

V  represents  vestibule,  which  it  is  very  desirable  to  have  as  a  place  to 
deposit  hats,  cloaks,  etc. 

S  represents  spaces  occupied  by  the  double  desks,  4  feet  by  2£  feet. 

The  height  of  story  should  not  be  less  than  12  feet;  each  of  the  win- 
dows in  the  school-room  should  contain  a  glass  surface  of  not  less  than 
6  feet  by  2%  feet,  and  should  be  piaced  not  less  than  3$  feet  from  the 
floor. 

A  chimney  and  fireplace  are  advised.  The  cost  is  not  much  more 
than  the  cost  of  a  flue  running  through  the  roof,  and  the  chimney  is 
much  safer.  Besides,  the  chimney  is  very  valuable  as  a  ventilator,  and 
it  affords  the  draft  for  stove  connections,  if  heating  by  stove  is  preferred. 
The  chimney  should  be  built  with  a  separate  flue  for  stove. 

In  case  a  stove  is  used,  it  should  be  surrounded,  or  partly  surroui«ded, 
by  sheet  iron  to  protect  the  pupils  who  sit  near  it  from  too  great  direct 
heat. 

THE  Box  FRAME  is  the  simplest  and  cheapest  style  of  building  a  house 
of  sawed  lumber,  but  it  is  not  so  comfortable  as  the  ordinary  framed 
house,  weather-boarded  and  ceiled  or  plastered.  The  latter  is  specially 
recommended,  because  the  ceiling  or  plastering  furnishes  excellent  sur- 
face for  blackboard.  Perhaps  most  districts  will  find  ceiling  cheaper. 

The  house  should  be  located  so  that  the  chimney  will  be  at  the  east 
end.  If  it  is  so  located,  there  will  be  three  windows  on  the  north  and 
only  two  on  the  south,  and  all  favorably  placed  for  pleasant  lighting. 
There  are  other  obvious  reasons  for  placing  the  house  east  and  west. 

At  a  few  dollars  more  expense,  the  vestibule  can  be  cut  into  two 
rooms,  one  of  which  may  be  used  for  male  and  the  other  for  female 
pupils.  It  is  desirable  to  have  at  least  one  private  room.  This  arrange- 
ment will  require  two  entrance  doors  instead  of  one. 

By  a  little  crowding  64  or  68  pupils  can  be  accommodated  in  a  house 
of  this  size.  If  more  room  is  needed,  all  that  is  required  is  to  extend  the 
length  of  the  house.  Every  2$  feet  of  extension  will  make  room  for  4 
desks  and  8  pupils. 

If  it  is  found  desirable  to  have  another  room  to  accommodate  more 
pupils  and  an  assistant  teacher,  it  can  be  conveniently  added  to  the  east 


57 


end  of  the  house,  and  the  same  chimney  can  be  used  for  stove  connec- 
tions. 

But  whatever  variations  from  this  plan  may  be  deemed  advisable,  it 
must  ever  be  remembered  that  every  pupil  must  have  a  comfortable  seat 
and  writing  facilities  connected  therewith.  All  good  methods  now 
recognize  that  little  children  must  use  slates  and  learn  to  write  while 
they  are  learning  to  spell  and  read  in  the  elementary  books. 


FORM  OF  CONTRACT  WITH  TEACHER. 

This  memorandum  of  an  agreement,  entered  into  this day  of , 

18 ,  between ,  ... ., ,  committeemen  for 

District  No. .., race,  of _  .county,  N.  C. ,  and a  teacher 

holding  a grade  certificate.  Witnesseth :  That  the  committee 

aforesaid  agree  to  employ as  a  teacher  of  the  public  school  in 

district  for race  of ....  county,  N.  C.,  and  to  pay  him  at 

the  rate  of dollars  per  school  month  while  he  is  conducting  said 

school.  And  the  said agrees  faithfully  to  perform  all  the 

duties  of  a  public  school  teacher  in  said  district,  and  to  keep  a  register 
according  to  law,  and  return  it  to  the  school  committee  at  the  close  of 
the  term. 

It  is  understood  that  this  contract  is  made  subject  to  the  limitations 
and  conditions  of  the  public  school  law.  The  length  of  the  term  shall 

be months,  but  the  school  shall  close  whenever  the  apportionment 

is  exhausted. 

In  witness  whereof,  the  said  parties  have  hereunto  set  their  hands  the 
day  and  date  above  written. 


Committee. 


Signed  in  duplicate,  each  ) 
party  keeping  a  copy,     f  ,  Teacher. 


INDEX. 


Apportionment  by  state  treasury,  section  2535. 

by  county  board,  sections  2551,  2552. 
Auditor  to  keep  separate  account,  section  2536. 

to  make  tax-lists,  section  9,  Law  of  1889. 
Blanks  to  be  furnished,  section  2570. 
Census,  when  taken,  section  2579. 

Certificate,  requisite  for,  section  2566,  section  41,  Law  of  1889. 
Clerk  to  furnish  list  of  fines,  section  38,  Law  of  1889. 
Committee,  how  elected  and  removed,  section  2553. 

must  sign  all  orders,  section  2555. 

order  other  studies,  section  2566. 

power  to  suspend  teachers,  section  2569. 

organize  and  take  oath,  sections  2576,  2577. 

body  corporate,  section  2578. 

employ  and  dismiss  teachers,  section  2580. 

to  sign  teachers'  orders,  section  2581. 

to  receive  or  purchase  sites — proceedings  to  condemn  same,  sec- 
tions 2582,  2583. 

to  sell  sites,  section  2582. 

to  deliver  deeds  to  county  board  of  education,  section  2584. 

power  to  exclude  immoral  pupils,  section  2588. 

power  to  arrange  for  pay  pupils,  section  2588. 

power  to  contract  with  teacher  of  private  schools,  section  2591. 

to  take  census,  section  2579. 

conditions  of  giving  order  or  making  contract,  section  26,  Law 

of  1885. 

Contracts  when  not  to  be  made,  section  26,  Law  of  1885. 
County  board  of  education,  how  elected,  compensation,  vacancies,  office 

provided,  section  2545. 
County  board  of  education  charged  with  general  management  of  schools, 

obey  instructions  of  state  superintendent,  section  2546. 
County  board  of  education,  body  corporate,  section  2545. 

to  prosecute,  section  2546. 

meetings,  when  held,  section  2547. 

term  of  office,  section  2,  Law  of  1889. 

lay  off  districts,  sections  2549,  2550. 

apportion  school  fund,  sections  2551,  2552. 

change  districts,  section  28,  Law  of  1885. 

approve  orders  for  school  apparatus,  section  2555. 

supervise  county  superintendent,  section  2569. 


60 


County  board  of  education  to  receive  catalogue  of  teachers,   section 
2572. 

supervise  appointment  of  teachers,  section  2580. 

record  deeds,  section  2584. 

exclude  immoral  pupils,  section  2588. 

make  estimates  for  four  rmmths'  school,  section  2590. 

punish  for  contempt,  section  652  Code,  amended. 

meet  county  superintendent  and  treasurer,  section  19,  Law  of  1889. 

purchase  fuel  arid  stationery,  section  39,  Law  of  1889. 

receive  list  of  fines,  section  38,  Law  of  1889. 

County  institutes,  when  and  how  held,  chapter  200,  Laws  of  1889,  sec- 
tions 2567,  2568. 

conductorsfand  county  superintendent  to  grant  certificates,  section 

40,  Law  of  1889. 

County  superintendent  of  public  instruction,  how  elected,  removed, 
vacancies,  how  filled,  election  notified,  section  2548. 

term 'of  office,  section  3,  Law  of  1889. 
Countytsuperintendent,  secretary  of  county  board,  sections  2545,  2565. 

endorse  orders  for  school  apparatus,  section  2555. 

hold  .examinations,  section  2566. 

charge  of  institute,  section  2568,  and  chapter  200,  Laws  of  1889. 

'visit  schools,  suspend  teachers,  obey  orders  of  county  board  and 
state  superintendent,  section  2569. 

distribute  blanks,  section  2570. 

countersign  teacher's  orders,  section  2571. 

deliver  catalogue  of  teachers,  section  2572. 

report  to  state  superintendent,  section  2573. 

record  copy  of  report,  section  2574. 

compensation,  section  2575. 

power  to  exclude  pupils,  section  2588. 

revoke  certificates,  section  11,  Law  of  1889. 

and  chairman  of  board  of  education  may  discontinue  any  school, 
section  11,  Law  of  1889. 

meet  county  board  and  treasurer,  section  19,  Law  of  1889. 
Day  falling  on  Sunday,  section  20,  Law  of  1889. 
Deeds,  blank  to  be  furnished,  section  2557. 

to  be  recorded,  section  2584. 

to  be  delivered  to  county  board,  section  2584. 
Districts,  how  laid  off,  sections  2549,  2550. 

how  changed,  section  28,  Law  of  1885. 

superintendent,  how  appointed,  section  47,  Law  of  1889. 
Examinations,  how  conducted,  section  2566,  and  chapter  200,  Laws  of 

1889,  and  section  41,  Law  of  1889. 
Fines,  list  to  be  furnished,  section  38,  Law  of  1889. 
Oaths,  by  whom  administered,  section  2576. 


61 


Orders  on  treasurer,  how  issued,  section  2555. 

when  not  to  be  issued,  section  26,  Law  of  1885. 
Register  of  deeds  to  furnish  abstracts,  section  21,  Law  of  1889. 
Right  to  attend  school,  how  fixed,  section  42,  Law  of  1889. 
Secretary  of  state  to  furnish  copy  of  Laws  and  Code,  section^27,  Law  of 

1885. 
Sheriffs  to  pay  in  money  only,  section  2563. 

to  take  duplicate  receipts  and  disposition  of  same,  section  2564. 

shall  itemize,  section  8,  Law  of  1889. 
School  fund  paid  to  state  treasurer,  section  2543. 

fund  paid  county  treasurer,  section  2544. 

public  defined,  section  2588. 

private  contract  with,  section  2591. 

to  disturb  or  injure  house  a  misdemeanor,  section  2592. 

year  when  to  begin,  section  2587,  and  section  1,  Law  of  1889.° 

in  session  at  same  time  to  be  continuous,  none  at  close  of  year, 
section  24,  chapter  199,  Laws  of  1889. 

white  normals  abolished,  chapter  200,  Law  of  1889. 
Sites,  proceedings  to  acquire,  sections  2582,  2583. 
Solicitors  to  prosecute  for  penalties,  section  2544 — note. 
State  superintendent  of  public  instruction,  duties,  sections  2540-'41-'42. 

to  furnish  blanks,  section  2570. 

clerk,  section  2593. 
Tax  levied  by  general  assembly,'  section  2589. 

levied  by  county  commissioners,  section  2590. 

local,  sections  2654  and  2655  of  The  Code,  as  amended. 

lists,  section  9,  Law  of  1889. 
Teacher's  certificates,  section  2566,  and  section  10,  Law  of  1889,  chapter 

200,  Laws  of  1889. 
Teachers,  how  suspended,  section  2569. 

salary,  section  2580. 

render  statement,  section  2581. 

dismissal  of  pupil,  section  2585. 

punishment  of  pupil,  section  2585 — note. 

to  keep  record  and  report,  section  2586. 

of  any  school  to  report,  section  24,  Law  of  1885. 

contracts,  section  26,  Law  of  1885. 

how  to  qualify,  section  12,  Law  of  1889. 

to  attend  institutes,  chapter  200,  Laws  of  1889. 
Text-books,  section  2539  and  appendix. 
Text-books,  section  22,  Law  of  1889. 
Treasurer  to  be  treasurer  of  county  board,  section  2554. 

to  receive  all  funds,  section  2554. 

bond,  section  2554,  and  section  4,  Law  of  1889. 

compensation,  section  25,  chapter  174,  Laws  of  1885. 


62 


Treasurer  to  pay  only  certified  orders,  section  2555. 

to  keep  books,  section  2558,  and  section  5,  Law  of  1889. 

furnish  blank  deeds,  section  2557. 

produce  books,  section  2559. 

report  to  state  superintendent,  section  2560. 

keep  books  and  receive  money  only,  section  2561. 

penalty  for  failure  to  report,  section  2562. 

to  attend  at  office  of  county  board,  section  25.  Law  of  1885. 

to  meet  county  board  and  county  superintendent,  section  19,  Law 
of  1889. 

term  of  office  expiring,  section  26,  Law  of  1889. 

deposit  books,  section  27,  Law  of  1889. 

state  to  pay  warrants,  section  2538. 
Warrants  for  apportionment  from  state  treasurer,  how  issued,  section 

2537. 

Sections  12  and  13  of  chapter  214,  Laws  of  1893. 
Chapter  174,  Laws  of  1885,  page  43. 
Chapter  199,  Laws  of  1889,  page  45. 
Chapter  169,  Laws  of  1891,  alcohol  and  narcotics. 
Chapter  372,  Laws  of  1893,  life  certificates. 
Chapter  69,  Laws  of  1893,  census  of  deaf  and  dumb  and  of  blind  children. 

APPENDIX. 

List  of  text- books,  page  53. 

Form  of  teacher's  contract,  page  57. 

Plan  of  school-house,  page  55. 


THE 

UNIVERSITY 


